[Rev. 12/2/2022 3:27:18 PM]

[NAC-587 Revised Date: 11-22]

CHAPTER 587 - AGRICULTURAL PRODUCTS, SEEDS AND FARM EQUIPMENT

GENERAL PROVISIONS

587.001        Definitions.

587.004        “Department” defined.

587.006        “Director” defined.

SEEDS GENERALLY

587.010        Test for germination.

587.020        Hermetically sealed containers.

587.030        Labels: Contents; general requirements.

587.050        Labels: Seed preplanted in medium for germination.

587.060        Maximum content of seeds of weeds.

587.070        Labels: Variety.

587.080        Labels: Origins of certain seeds.

587.090        Vegetable seeds: Classification.

587.100        Vegetable seeds: Name.

587.110        Vegetable seeds: Variety.

587.120        Vegetable seeds: Germination.

587.140        Flower seeds: Germination standards.

587.150        Flower seeds: Germination test tolerances.

587.160        Flower seeds: Labeling.

587.170        Tree and shrub seeds: Germination testing procedures.

587.173        Prohibited noxious weed seeds.

587.175        Restricted noxious weed seeds.

587.180        Samples: Generally.

587.190        Samples: Quantity and size.

587.200        Procedures for testing.

587.220        Fees for analysis and testing.

587.221        Certain wholesalers and retailers required to pay certain annual fees for analysis and testing; exception.

STANDARDS FOR CERTIFICATION OF SEEDS GENERALLY

587.222        Definitions.

587.224        “Breeder seed” defined.

587.226        “Certified seed” defined.

587.2265      “Conditioning” defined.

587.228        “Foundation seed” defined.

587.230        “Interagency certification” defined.

587.231        “None” or “zero” defined.

587.232        “Off-type” defined.

587.2335      “Plant breeder” defined.

587.234        “Registered seed” defined.

587.235        “Variant” defined.

587.236        “Variety” defined.

587.237        Adoption of standards by reference.

587.2375      Noxious weed seeds.

587.238        Eligibility of varieties for certification.

587.239        Classes of certified seed.

587.240        Limitation on generations; exceptions.

587.242        Evidence required of class and source of seed.

587.243        Requirements for land.

587.244        Field inspection; grounds for rejection of seed crop.

587.247        Inspections and testing after harvest; use of lot numbers or certified field numbers.

587.248        Blending of seed lots.

587.250        Labeling and sealing: Requirements.

587.251        Labeling: Compliance with national and state law.

587.252        Methods and standards of interagency certification.

587.254        Certification: Application; annual registration of perennial crops; fees.

587.256        Conditioners: Responsibilities; duration of approval.

STANDARDS FOR CERTIFICATION OF ALFALFA SEED

587.258        Applicability.

587.260        Alfalfa regions in Nevada; limitations on age of stand and classes of seed.

587.262        Requirements for land.

587.263        Requirements for isolation.

587.267        Fields of alfalfa: Inspections; control of contamination.

587.269        Fields of alfalfa: Maximum tolerances.

587.274        Minimum standards for classes of alfalfa seed.

STANDARDS FOR CERTIFICATION OF BARLEY, OAT, RYE, TRITICALE AND WHEAT SEED

587.282        Applicability.

587.283        Requirements for land.

587.284        Requirements for isolation.

587.285        Inspection of seed crops; control of contamination.

587.286        Fields of small grain: Maximum tolerances.

587.288        Minimum standards for classes of small grain.

STANDARDS FOR CERTIFICATION OF BEAN SEED

587.291        Applicability.

587.2925      Requirements for land.

587.294        Fields of beans: Inspections; maximum tolerances.

587.296        Minimum standards for classes of bean seed.

STANDARDS FOR CERTIFICATION OF CLOVER

587.297        Applicability.

587.299        Requirements for land.

587.301        Requirements for isolation.

587.302        Fields of clover: Inspections; control of contamination.

587.304        Fields of clover: Maximum tolerances.

587.305        Limitations on age of stand.

587.309        Minimum standards for classes of clover.

STANDARDS FOR CERTIFICATION OF GRASS SEED

587.320        Applicability of various standards.

587.321        Requirements for land.

587.323        Requirements for isolation.

587.325        Fields of grass seed: Inspections; control of contamination.

587.327        Fields of grass seed: Maximum tolerances.

587.329        Minimum standards for classes of grass seed.

STANDARDS FOR CERTIFICATION OF RAPESEED

587.331        Applicability.

587.333        Requirements for land.

587.335        Requirements for isolation.

587.337        Field inspections; control of contamination.

587.3375      Fields of rapeseed: Maximum tolerances.

587.339        Minimum standards for classes of rapeseed.

STANDARDS FOR CERTIFICATION OF SOD QUALITY SEEDS

587.3391      Eligibility of seed.

587.3392      Procedures for qualification.

587.3393      Seed standards.

587.3394      Requirements for labeling.

587.3395      Fees.

STANDARDS FOR CERTIFICATION OF PREVARIETY GERMPLASM

587.3396      “Prevariety germplasm” defined.

587.33965    Applicability.

587.3397      Germplasm classes: Tested; selected; source identified.

587.33975    Designation of seed generations.

587.3398      Limitation of generations.

587.33985    Determination and indication on tag of geographic origin and location.

587.3399      Requirements of isolation.

587.33995    Inspections; form required for source identified class.

AGRICULTURAL PRODUCTS AND FARM EQUIPMENT

587.340        Fees for inspection, grading and certification; security for payment of fees.

587.345        Federal phytosanitary, state phytosanitary and free-sale certificates, export certificate for processed plant products and certificate of origin: Issuance; revocation; fee.

587.350        Nevada standard potatoes: Standards for classification and grading.

587.355        Potatoes: Adoption by reference of United States standards; exception.

587.359        Onions: Adoption of United States standards.

STANDARDS FOR CERTIFICATION OF SEED POTATOES

587.364        Definitions.

587.366        “Applicant” defined.

587.368        “Bacterial ring rot” defined.

587.372        “Blackleg” defined.

587.374        “Certified seed potatoes” defined.

587.376        “Corky ring spot” defined.

587.378        “Field” defined.

587.382        “Field inspection” defined.

587.383        “Golden nematodes” defined.

587.384        “Late blight” defined.

587.386        “Planting” defined.

587.388        “Postharvest test” defined.

587.392        “Recertification” defined.

587.394        “Rhizomania” defined.

587.396        “Rogue” defined.

587.398        “Root-knot nematode” defined.

587.402        “Seed farm” defined.

587.404        “Seed lot” defined.

587.406        “Seed stock” defined.

587.408        Eligibility: Certification Program; partial withdrawal from Program during growing season.

587.412        Eligibility: Standards for seed stock.

587.414        Eligibility: Diseases and other factors making planting ineligible; required protective and corrective measures.

587.416        Application for certification; contents and submission requirements.

587.418        Fee for certification; refund.

587.422        Classification of generations.

587.424        Pesticides.

587.426        Disqualification for noncompliance.

587.428        Inspection of planting; frequency; conditions preventing adequate inspection; standards for disease tolerance levels.

587.432        Disqualification upon finding of bacterial ring rot or new disease detrimental to potatoes.

587.434        Chemical treatment or contamination of planting; postharvest testing; isolation of contaminated portion of planting.

587.436        Inspection of seed lots; eligibility for certification; maintenance of proper sanitation.

587.438        Postharvest testing of seed lots; submission of samples; disease tolerance levels for seed lots.

587.442        Standards for certification of seed lots; standards for grade of U.S. No. 1 seed potatoes in Nevada.

587.444        Certification tags; requirement for new sacks.

STANDARDS FOR CERTIFICATION OF AGRICULTURAL HEMP SEED

587.450        Definitions.

587.453        “Agricultural hemp seed” defined.

587.455        “Crop” defined.

587.458        “Industrial hemp” defined.

587.460        “Producer” defined.

587.463        “THC” defined.

587.470        Applicability of general standards.

587.475        Requirements for land; designation as breeder seed.

587.477        Requirements for isolation; request for variance.

587.480        Inspection of crops; notice to Department; standards for inspection; collection of samples.

587.483        Eligibility for certification; circumstances under which destruction of crop ordered.

587.485        Limits of impurities in crop.

587.487        Sampling of seed entered for certification; minimum standards.

587.489        Application for certification; contents and submission requirements; fees.

587.491        Fees; refund.

COMMERCIAL FEEDS

587.500        Definitions.

587.510        Labels: Contents.

587.520        Brand and product names.

587.530        Content guarantees: Proteins and minerals.

587.540        Content guarantees: Vitamins.

587.550        Content guarantees: Drugs and antibiotics.

587.560        Content guarantees: Nonprotein nitrogen.

587.570        Ingredients.

587.580        Directions for use; precautionary statements.

587.590        Nonprotein nitrogen: Restrictions; precautions.

587.600        Official samples: Analysis and reports.

587.610        Misbranding.

587.620        Tolerances.

587.630        Exemptions.

MANUFACTURERS, DISTRIBUTORS AND GUARANTORS OF COMMERCIAL FEED

587.632        Application for license or renewal: Contents; fees.

587.634        Submission of quarterly report and payment of quarterly fee; exemption from fee; amount of fee.

587.636        Fees for costs of inspection or audit requested by licensee.

REGISTRATION AND CERTIFICATION OF SEED GARLIC

587.640        Definitions.

587.650        “Certified block” defined.

587.657        “Certified seed garlic” defined.

587.660        “Certified stock” defined.

587.680        “Foundation block” defined.

587.690        “Foundation stock” defined.

587.700        “Garlic” defined.

587.706        “Nursery increase block” defined.

587.707        “Participant” defined.

587.708        “Program” defined.

587.710        “Registered stock” defined.

587.720        Applicability.

587.721        Administration of Program.

587.725        Application.

587.727        Field inspection; testing procedures.

587.730        Eligibility of planting stock.

587.740        Grounds for refusal or cancellation of registration of planted or harvested garlic.

587.750        Requirements for plantings.

587.780        Duties of participant.

587.790        Handling, harvesting, transporting and storage of seed garlic.

587.800        Transporting of seed stock out of State.

587.810        Fees.

CRAFT FOOD OPERATION

587.840        Maintenance and availability of list of pH test meters, publications and recipes approved by Department.

587.844        Labeling requirements.

587.846        Requirements for approval of recipe for acidified food; certain modifications authorized without approval; recipe deemed proprietary confidential information; disclosure by Department under certain circumstances.

587.848        Fees.

ALFALFA SEED RESEARCH AND PROMOTION

587.850        Nevada Alfalfa Seed Council: Recommendation of person for appointment to Alfalfa Seed Advisory Board.

CERTIFICATION OF ORGANIC AGRICULTURAL PRODUCTS

587.9015      Adoption by reference of Program for Organic Certification.

587.903        Certification seal: Form.

587.904        Certification seal: Use.

587.905        Application for and continued certification of production or handling operation; payment, amount and refund of fees.

587.906        Fees for addition of fields or areas of operation to be certified, additional inspections, and reproduction and mailing of application forms.

587.928        Advisory Council for Organic Agricultural Products: Compensation of members.

 

GENERAL PROVISIONS

      NAC 587.001  Definitions. (NRS 587.083)  As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 587.004 and 587.006 have the meanings ascribed to them in those sections.

     (Supplied in codification; A by Dep’t of Agriculture by R174-99, 3-13-2000)

      NAC 587.004  “Department” defined. (NRS 587.083)  “Department” means the State Department of Agriculture.

     (Added to NAC by Dep’t of Agriculture by R174-99, eff. 3-13-2000)

      NAC 587.006  “Director” defined. (NRS 587.083)  “Director” means the Director of the Department.

     (Added to NAC by Dep’t of Agriculture by R174-99, eff. 3-13-2000)

SEEDS GENERALLY

     NAC 587.010  Test for germination. (NRS 587.083)  The test for germination:

     1.  For agricultural seed which is offered for sale, must be completed within an 18-month period;

     2.  For the seeds of vegetables which are offered for sale in containers of more than one pound, must be completed within an 18-month period;

     3.  For the seeds of trees which are offered for sale, must be completed within a 12-month period;

     4.  For seed in hermetically sealed containers shipped, delivered, transported or sold to a dealer for resale, must be completed within an 18-month period; and

     5.  For seed in hermetically sealed containers offered for sale at retail, must be completed within a 36-month period, exclusive of the month in which the test was completed.

     [Dep’t of Agriculture, No. 87.03, eff. 8-1-71]—(NAC A 3-17-86)

      NAC 587.020  Hermetically sealed containers. (NRS 587.083)  The following standards govern the sale of hermetically sealed containers:

     1.  The seed must be packaged within 9 months after harvest.

     2.  The container must not allow penetration of water vapor through any wall, including the seals, greater than 0.05 grams of water per 24 hours per 100 square inches of surface at 100° Fahrenheit with a relative humidity on one side of 90 percent and on the other side of 0 percent. Penetration of water vapor is as defined by the U.S. Bureau of Standards as:

 

               gm. H₂0/24 hr./100 sq. in./100° F/90% RH V.0% RH.

 

     3.  The seed in the container must not exceed the percentage of moisture, on the basis of wet weight, as follows:

 

 

 

     4.  The container must be conspicuously labeled in not less than 8-point type to indicate the month and year of the test for germination, that the container is hermetically sealed and that the seed has been preconditioned as to moisture contained in the seed.

     5.  The percentage of germination of seeds of vegetables at the time of packaging must be equal to or above the standards in NAC 587.120.

     [Dep’t of Agriculture, No. 87.04, eff. 8-1-71]—(NAC A 3-17-86)

      NAC 587.030  Labels: Contents; general requirements. (NRS 587.083, 587.091)

     1.  In addition to the requirements in NRS 587.015 to 587.123, inclusive, the following govern the labeling of agricultural seeds and the seeds of vegetables, herbs, flowers, trees and shrubs:

     (a) A blank space or the word “free” or “none” in the place of a number or percentage on the label is equivalent to “0” or “0.00 percent” as the case may be to apply the tolerances prescribed in NAC 587.200.

     (b) The information required on the label by NRS 587.091 must be in type no smaller than 8 points.

     (c) Seed treated with a toxic substance must be labeled to show conspicuously on the label, or on a separate label attached to each container, the words “Poison” and “Danger” along with the symbol of the skull and crossbones as it appears on the label of the container of the toxic substance. Any other appropriate warning present on the label for the toxic substance must also be included on the label containing the information on the treatment of the seed. The words “Poison” and “Danger” and the symbol of the skull and crossbones must appear in a contrasting color.

     2.  All seed when treated with a substance classified as toxic or harmful must be prominently colored with a suitable color in sufficient contrast to the natural color of the seed as to make detection that the seed has been treated readily apparent. Coloring so applied must be such that it cannot be readily removed.

     [Dep’t of Agriculture, part No. 87.05, eff. 8-1-71]—(NAC A 3-17-86)

      NAC 587.050  Labels: Seed preplanted in medium for germination. (NRS 587.083)  Seed sold or offered for sale in containers in which it is preplanted in a medium for germination, or in mats, tapes or similar devices is subject to the following provisions:

     1.  If the seed is placed in the medium, mat, tape or other device in such a way as to make it difficult to determine the quantity of seed without removing it from the medium, mat, tape or other device, the label must bear a statement to indicate the minimum number of seeds in the unit and a statement showing the year for which packaged.

     2.  Kinds of seed in preplanted containers, mats, tapes and other devices, for which a minimum standard for germination has not been established, must meet a minimum standard of 50 percent or have the actual percentage clearly shown in a conspicuous place on the unit in not less than 8-point type.

     [Dep’t of Agriculture, part No. 87.05, eff. 8-1-71]—(NAC A 3-17-86)

      NAC 587.060  Maximum content of seeds of weeds. (NRS 587.083)  Agricultural seed or the seeds of vegetables, herbs, flowers, trees or shrubs sold or offered for sale must not contain more than 1.5 percent by weight of the seeds of weeds.

     [Dep’t of Agriculture, part No. 87.06, eff. 8-1-71]—(NAC A 3-17-86)

      NAC 587.070  Labels: Variety. (NRS 587.083, 587.093)

     1.  The following kinds of agricultural seed must be labeled to show the name of the variety or the words “Variety Not Stated”:

 

 

     2.  If the name of the variety is given, the name may be associated with the name of the kind of seed with or without the words “Kind and Variety.” The percentage which is then shown as “Pure Seed” applies only to seed of the variety named. If separate percentages for the kind and the variety are shown, the name of the kind and the name of the variety must be clearly associated with the respective percentages.

     [Dep’t of Agriculture, part No. 87.06, eff. 8-1-71]—(NAC A 3-17-86)

      NAC 587.080  Labels: Origins of certain seeds. (NRS 587.083, 587.093)  Whenever the seed of alfalfa, red clover and field corn, except hybrid corn, originates in more than one state, the name of each state and the percentage of seed originating in each state must be given in the order of its predominance.

     [Dep’t of Agriculture, part No. 87.06, eff. 8-1-71]—(NAC A 3-17-86)

      NAC 587.090  Vegetable seeds: Classification. (NRS 587.071, 587.083)  The term “vegetable seeds” means the seeds of the following kinds that are or may be grown in gardens or on truck farms and are or may be generally known and sold under the name of vegetable seeds:

 

          Artichoke - Cynara scolymus L.

          Asparagus - Asparagus officinalis L.

          Asparagusbean - Vigna sesquipedalis (L.) Fruwirth.

          Bean, garden - Phaseolus vulgaris L.

          Bean, lima - Phaseolus lunatus var. macrocarpus Van seltine.

          Bean, runner - Phaseolus coccineus L.

          Beet - Beta vulgaris L.

          Broadbean - Vicia faba L.

          Broccoli - Brassica oleracea var. botrytis L.

          Brussels sprouts - Brassica oleracea var. gemmifera Zenker.

          Burdock, great - Arctium lappa L.

          Cabbage - Brassica oleracea var. capitata L.

          Cabbage tronchuda - Brassica oleracea var. tronchuda Bailey.

          Cantaloupe - (See muskmelon)

          Cardoon - Cynara cardunculus L.

          Carrot - Daucus carota L.

          Cauliflower - Brassica oleracea var. botrytis L.

          Celeriac - Apium graveolens var. rapaceum DC.

          Celery - Apium graveolens var. dulce (Mill.) Pers.

          Chard, Swiss - Beta vulgaris var. cicla L.

          Chicory - Cicorium intybus L.

          Chinese cabbage - Brassica pekinensis (Lour.) Rupr.

          Chives - Allium schoenophrasum L.

          Citron - Citrullis vulgaris Schrad.

          Collards - Brassica oleracea var. acephala DC.

          Corn, sweet - Zea mays L.

          Cornsalad - Valerianella locusta var. olitoria Pall.

          Cowpea - Vigna sinensis (Torner) Savi.

          Cress, garden - Lepidium sativum L.

          Cress, upland - Barbarea verna (Mill.) Aschers.

          Cress, water - Rorippa nasturtium-aquaticum (L.) Britt. and Rendle.

          Cucumber - Cucumis sativus L.

          Dandelion - Taraxacum officinale Weber.

          Eggplant - Solanum melongena var. esculentum Nees.

          Endive - Cichlorium endivia L.

          Kale - Brassica oleracea var. acephala DC.

          Kale, Chinese - Brassica oleracea var. alboglabra. (Bailey) Musil.

          Kale, Siberian - Brassica napus var. pabularia (DC.) Reichb.

          Kohlrabi - Brassica oleracea var. gongylodes L.

          Leek - Allium porrum L.

          Lettuce - Lactuca sativa L.

          Muskmelon - Cucumis melo L.

          Mustard, India - Brassica juncea (L.) Coss.

          Mustard, spinach - Brassica perviridus Bailey.

          Okra - Hibiscus esculentus L.

          Onion - Allium cepa L.

          Onion, Welsh - Allium fistulosum L.

          Pakchoi - Brassica chinensis L.

          Parsley - Petroselinum hortense Hoffm.

          Parsnip - Pastinaca sativa L.

          Pea - Pisum sativum L.

          Pepper - Capsicum spp.

          Pumpkin - Cucurbita pepo L., C. moschata Duchesne and C. maxima Duchesne.

          Radish - Raphanus sativus L.

          Rhubarb - Rheum rhaponticum L.

          Rutabaga - Brassica napus var. napobrassica (L.) Reichb.

          Salsify - Tragopogon porrifolius L.

          Sorrel - Rumex acetosa L.

          Soybean - Glycine max (L.) Merrill (Soja max (L.) Piper).

          Spinach - Spinacia oleracea L.

          Spinach, New Zealand - Tetragonia expansa Thunb.

          Squash - Cucurbita pepo L., C. moschata Duchesne and C. maxima Duchesne.

          Tomato - Lycopersicon esculentum Mill.

          Tomato, husk - Physalis pubescens L.

          Turnip - Brassica rapa L.

          Watermelon - Citrullus vulgaris Schrad.

 

     [Dep’t of Agriculture, part No. 87.07, eff. 8-1-71]

      NAC 587.100  Vegetable seeds: Name. (NRS 587.083, 587.097, 587.099)  The name of each kind of vegetable seed is the name listed in NAC 587.090 except a name that has become synonymous through broad, general usage and may be substituted therefor if the name does not apply to more than one kind and is not misleading.

     [Dep’t of Agriculture, part No. 87.07, eff. 8-1-71]

      NAC 587.110  Vegetable seeds: Variety. (NRS 587.083, 587.097, 587.099)  The name of each variety of vegetable seed is the name determined in accordance with the following consideration:

     1.  The variety must represent a subdivision of a kind that is characterized by growth, plant, fruit, seed or other characteristics by which it can be differentiated from other sorts of the same kind.

     2.  The variety name must not be misleading. The variety name must not be assigned to more than one variety of the same kind of seed.

     3.  A variety name published in a list of variety names or other publications by the Seed Branch, Grain Division, Consumer and Marketing Service, U.S. Department of Agriculture, Washington, D.C., is correct for purposes of labeling under NRS 587.097 and 587.099.

     4.  If the variety is not known, the label complies with the labeling provisions if it contains the words “Unknown Variety.”

     [Dep’t of Agriculture, part No. 87.07, eff. 8-1-71]—(NAC A by R174-99, 3-13-2000)

      NAC 587.120  Vegetable seeds: Germination. (NRS 587.083, 587.097)  Seeds of vegetables in containers of 1 pound or less, which have a percentage of germination less than the following standard, must have the words “below standard” clearly shown in a conspicuous place on the label or on the face of the container in not less than 8-point type and must also be labeled to show the percentage of germination and the percentage of hard seed, if any:

 

 

     [Dep’t of Agriculture, part No. 87.07, eff. 8-1-71]—(NAC A 3-17-86)

      NAC 587.140  Flower seeds: Germination standards. (NRS 587.083, 587.101, 587.103)  The kinds of flower seeds listed below are those for which standard testing procedures have been prescribed and therefore are required to be labeled with the germination percentage. For those kinds marked with an asterisk, the percentage is the total of percentage of germination and percentage of hard seed. For all other kinds, it is the percentage of germination:

 

 

     [Dep’t of Agriculture, part No. 87.09, eff. 8-1-71]

      NAC 587.150  Flower seeds: Germination test tolerances. (NRS 587.083)

     1.  Germination tolerances for flower seeds do not apply unless the percentage of germination is shown on the label.

     2.  If no germination percentage is shown, the seed must meet the minimum germination standard for the kind without benefit of tolerance.

     [Dep’t of Agriculture, part No. 87.09, eff. 8-1-71]

      NAC 587.160  Flower seeds: Labeling. (NRS 587.083, 587.103)  The labeling for seeds for flowers except those in packets prepared for use in home gardens or plantings for households must state:

     1.  For seeds of plants grown primarily for their blooms:

     (a) If the seeds are of a single, named variety, the kind and variety.

     (b) If the seeds are of a single type and color for which there is no specific named variety, the type of plant and the type and color of the bloom.

     (c) If the seeds consist of an assortment or mixture of colors or varieties of a single kind, the name of the kind, the type of plant, if significant, and the type or types of bloom. In addition, it must clearly indicate that the seed is mixed or assorted.

     (d) If the seeds consist of an assortment or mixture of kinds, that the seeds are assorted or mixed and the specific use of the assortment or mixture.

     2.  For seeds of plants grown for ornamental purposes other than their blooms, the kind and variety, or the kind with a descriptive statement concerning the ornamental part of the plant.

     [Dep’t of Agriculture, part No. 87.09, eff. 8-1-71]—(NAC A 3-7-86)

      NAC 587.170  Tree and shrub seeds: Germination testing procedures. (NRS 587.083, 587.105)  For purposes of labeling, the following kinds of tree and shrub seeds are those for which germination testing procedures have been prescribed:

 

          Abies amabilis (Dougl.) Forbes - Pacific Silver Fir

          Abies balsamea (L.) Mill. - Balsam Fir

          Abies concolor (Gord. & Glend.) Lindl. - White Fir

          Abies fraseri (Pursh.) Poir - Fraser Fir

          Abies grandis (Dougl.) Lindl. - Grand Fir

          Abies homolepis Sieb. & Zucc. - Nikko Fir

          Abies lasiocarpa (Hook) Nutt. - Subalpine Fir

          Abies magnifica A. Murr. - California Red Fir

          Abies magnifica var. shastensis Lenn. - Shasta Red Fir

          Abies procera Rehd. - Noble Fir

          Abies veitchii Lindl. - Veitch Fir

          Acer spp. - Maples

          Ailanthus altissima (Mill.) Swingle - Tree of Heaven, Ailanthus

          Berberis thunbergii DC. - Japanese Barberry

          Berberis vulgaris L. - European Barberry

          Betula spp. - Birches

          Catalpa bignonioides Walt. - Southern Catalpa

          Catalpa speciosa Warder. - Northern Catalpa

          Cedrus spp. - Cedars

          Celastrus spp. - Bittersweet

          Chamaecyparis spp. - Cedars

          Cypressus arizonica Greene - Arizona Cypress

          Fraxinus spp. - Ash

          Gleditsia triacanthos L. - Honey Locust

          Larix decidua Mill. - European Larch

          Larix eurolepis Henry - Dunkfeld Larch

          Larix leptolepis (Sieb. & Zucc.) Gord. - Japanese Larch

          Larix occidentalis Nutt. - Western Larch

          Larix sibirica Ledeb. - Siberian Larch

          Liquidambar styraciflua L. - Sweetgum Malus spp. - Apple, Crabapple

          Picea abies (L.) Karst. - Norway Spruce

          Picea engelmani Parry - Engelmann Spruce

          Picea glauca (Moench.) Voss - White Spruce

          Picea glauca var. albertiana (S. Brown) Sarg. - Western White Spruce, Alberta White Spruce

          Picea glauca var. densata Bailey - Black Hills Spruce

          Picea glehni (Fr. Schmidt) Mast. - Sakhalin Spruce

          Picea jezoensis (Sieb. & Zucc.) Carr - Yeddo Spruce

          Picea koyamai (Shiras) - Koyama Spruce

          Picea mariana (Mill.) B.S.P. - Black Spruce

          Picea omerika (Pancic.) Purkyne - Serbian Spruce

          Picea orientalis (L.) Link. - Oriental Spruce

          Picea polita (Sieb. & Zucc.) Carr - Tigertail Spruce

          Picea pungens Engelm. - Blue Spruce, Colorado Spruce

          Picea pungens var. glauca Reg. - Colorado Blue Spruce

          Picea rubens Sarg. - Red Spruce

          Picea sitchensis (Bong.) Carr - Sitka Spruce

          Pinus albicaulis Engelm. - Whitebark Pine

          Pinus aristata Engelm. - Bristlecone Pine

          Pinus banksiana Lamb. - Jack Pine

          Pinus cembra L. - Swiss Stone Pine

          Pinus cembroides Zucc. - Mexican Pinyon Pine

          Pinus contorta Dougl. - Lodgepole Pine

          Pinus contorta var. latifolia Engelm. - Lodgepole Pine

          Pinus coulteri D. Don. - Coulter Pine, Bigcone Pine

          Pinus densiflora Sieb. & Zucc. - Japanese Red Pine

          Pinus echinasta Mill. - Shortleaf Pine

          Pinus eliotti Engelm. - Slash Pine

          Pinus flexilis James - Limber Pine

          Pinus griffithi McClelland - Himalayan Pine

          Pinus halepensis Mill. - Aleppo Pine

          Pinus jeffreyi Grev. & Balf. - Jeffrey Pine

          Pinus lambertiana Dougl. - Sugar Pine

          Pinus heldreichi var. leucodermis (Ant.) Margraf ex Fitschen - Balkan Pine, Bosnian Pine

          Pinus monticola Dougl. - Western White Pine

          Pinus mugo Turra. - Swiss Mountain Pine

          Pinus mugo var. mughus - Mugo Swiss Pine

          Pinus nigra Arnold - Austrian Pine

          Pinus nigra Poiretiana (Ant.) Aschers & Braebn. - Corsican Pine

          Pinus palustris Mill. - Longleaf Pine

          Pinus parviflora (Sieb. & Zucc.) - Japanese White Pine

          Pinus ponderosa Laws. - Ponderosa Pine, Western Yellow Pine

          Pinus resinosa Ait. - Red Pine, Norway Pine

          Pinus rigida Mill. - Pitch Pine

          Pinus strobus L. - Eastern White Pine

          Pinus sylvestris L. - Scotch Pine

          Pinus taeda L. - Loblolly Pine

          Pinus thunbergii Parl. - Japanese Black Pine

          Pinus virginiana Mill. - Virginia Pine, Scrub Pine

          Prunus spp. - Apricot, Cherry, Plum, Prune, Peach

          Pseudotsuga menziesii var. glauca (Beissn.) Franco - Blue Douglas Fir

          Pseudotsuga menziesii var. caesia (Beissn.) Franco - Gray Douglas Fir

          Pseudotsuga menziesii var. viridis - Green Douglas Fir

          Pyrus communis L. - Pear

          Robinia pseudoacacia L. - Black Locust

          Rosa multiflora Thung. - Japanese Rose

          Sequoia gigantea (Lindl.) Decne. - Giant Sequoia

          Sequoia sempervirens (D. Don.) Endl. - Redwood

          Syringa vulgaris L. - Common Lilac

          Thuja occidentalis L. - Northern White Cedar, Eastern Arborvitae

          Thuja orientalis L. - Oriental Arborvitae, Chinese Arborvitae

          Thuja plicata Donn. - Western Red Cedar, Giant Arborvitae

          Tsuga canadensis (L.) Carr. - Eastern Hemlock, Canada Hemlock

          Tsuga heterophylla (Raf.) Sarg. - Western Hemlock, Pacific Hemlock

          Ulmus americana L. - American Elm

          Ulmus parvifolia Jacq. - Chinese Elm

          Ulmus pumila L. - Siberian Elm

 

     [Dep’t of Agriculture, No. 87.10, eff. 8-1-71]

      NAC 587.173  Prohibited noxious weed seeds. (NRS 587.083)  Seeds of the following plants are classified as prohibited noxious weed seeds, the occurrence of which must not exceed the tolerances prescribed by NAC 587.200:

     1.  Goatgrass, barb (Aegilops triuncialis).

     2.  Halogeton (Halogeton glomeratus).

     3.  Quackgrass (Agropyron repens).

     4.  Sorghum spp., perennial, including, but not limited to, Johnson grass, sorghum almum and perennial sweet sudangrass.

     5.  Whitetop or Hoarycress (Cardaria pubescens).

     6.  Any noxious weed designated pursuant to NAC 555.010.

     [Dep’t of Agriculture, No. 87.01, eff. 8-1-71]—(NAC A by R202-07, 8-26-2008)—(Substituted in revision for NAC 587.300 & 587.366)

      NAC 587.175  Restricted noxious weed seeds. (NRS 587.083)  Seeds of the following plants are restricted noxious weed seeds, the occurrence of which must not exceed 27 per pound, singly or collectively:

     1.  Bindweed, field (Convolvulus arvensis).

     2.  Crabgrass (Digitaria sanguinalis, Digitaria ischaemum).

     3.  Dock, curly (Rumex crispus).

     4.  Dodder, all species (Cuscuta spp.).

     5.  Mustard, wild (Charlock) (Brassica kaber).

     6.  Pennycress (Fanweed) (Thlaspi arvense).

     7.  Sandbur, field (Cenchrus pauciflorus).

     [Dep’t of Agriculture, No. 87.02, eff. 8-1-71]—(NAC A by R202-07, 8-26-2008)—(Substituted in revision for NAC 587.310 & 587.338)

      NAC 587.180  Samples: Generally. (NRS 587.083)  The procedure for sampling seeds set forth in this chapter must be followed for securing official samples and is recommended for all others:

     1.  In order to secure a representative sample, equal portions must be taken from evenly distributed parts of the quantity of seed or screenings to be sampled. Access must be had to all parts of that quantity. When more than one trierful of seed is drawn from a bag, different paths must be followed. When more than one handful is taken from a bag, the handfuls must be taken from well separated points.

     2.  For free flowing seed in bags or bulk, a probe or trier must be used. For small free flowing seed in bags, a probe or trier long enough to sample all portions of the bag should be used.

     3.  Nonfree flowing seed, for example, certain grass seed, uncleaned seed or screenings difficult to sample with a probe or trier, must be sampled by thrusting the hand in the bulk and withdrawing representative portions. The hand is inserted in an open position and the fingers are held closely together while the hand is being inserted and the portion withdrawn.

     4.  As the seed or screenings are sampled, each portion must be examined. If there appears to be a lack of uniformity, the portions must not be combined into a composite sample, but retained as separate samples or combined to form individual container samples to determine such lack of uniformity as may exist.

     5.  When the portions appear to be uniform, they must be combined to form a composite sample.

     [Dep’t of Agriculture, part No. 87.11, eff. 8-1-71]

      NAC 587.190  Samples: Quantity and size. (NRS 587.083)

     1.  Bulk seeds or screenings must be sampled by inserting a long probe or thrusting the hand into the bulk as circumstances require in at least seven uniformly distributed parts of the quantity being sampled. At least as many trierfuls or handfuls must be taken as the minimum which would be required for the same quantity of seed or screenings in bags of a size customarily used for such seed or screenings.

     2.  For lots of six bags or less, each bag must be sampled. A total of at least five trierfuls must be taken.

     3.  For lots of more than six bags, five bags plus at least 10 percent of the number of bags in the lots must be sampled. (Round off numbers with decimals to the nearest whole number raising 0.5 to the next whole number.) Regardless of the lot size, it is not necessary that more than 30 bags be sampled.

     4.  Samples must be drawn from previously unopened bags except under circumstances where the identity of the seed has been preserved.

     5.  In sampling seed in small containers, it is not practical to sample as required in subsection 2. A portion of one previously unopened container or one or more entire unopened containers may be taken to supply a minimum sample as required in subsection 6.

     6.  The following are minimum sizes of samples of agricultural seed, vegetable seed and screenings to be submitted for analysis, test or examination:

     (a) Two ounces of grass seed not otherwise mentioned, white or alsike clover or seeds not larger than these.

     (b) Five ounces of red or crimson clover, alfalfa, lespedeza, ryegrass, bromegrass, millet, flax, rape or seeds of similar size.

     (c) One pound of sudangrass sorghum proso hemp or seeds of similar size.

     (d) Two pounds of cereals, vetch or seeds of similar or larger size.

     (e) Two quarts of screenings.

     (f) Vegetable seed samples shall consist of at least 400 seeds.

     [Dep’t of Agriculture, part No. 87.11, eff. 8-1-71]

      NAC 587.200  Procedures for testing. (NRS 587.083)  The procedures for testing agricultural seed and the seeds of vegetables, herbs, flowers, trees and shrubs for purity, germination and tolerances which have been approved by the Association of Official Seed Analysts and are in effect on October 1, 1985, are hereby adopted by reference. A copy of a publication containing those procedures and tolerances may be obtained from the Association of Official Seed Analysts, 2240 Kellogg Lane, Boise, Idaho 83712, for the sum of $12.

     [Dep’t of Agriculture, part No. 87.12, eff. 8-1-71]—(NAC A 3-17-86)

      NAC 587.220  Fees for analysis and testing. (NRS 587.077, 587.083)  The following provisions establish the fees that the Department will charge for analysis and testing of samples of seed:

     1.  The fee for testing any kind of seed not listed will be determined by the Department.

     2.  If special attention or a priority in examination is requested for a seed sample, the charge will be the fee listed plus 50 percent.

     3.  The charge for a sample requiring an unusual amount of time, such as an excessively dirty sample, a sample of a complicated mixture or a sample requiring special tests, is $55 per hour.

     4.  The charge for a mixture is $55 per hour.

     5.  The charge for a tetrazolium test is $55 per test.

     6.  Service testing fees for purity and germination:

 

 

     7.  The fee for examination of a sample of seed for noxious weed seed which is designated noxious in any other state is $55.

     [Dep’t of Agriculture, eff. 8-6-80]—(NAC A 9-19-90; R174-99, 3-13-2000; R033-05, 10-31-2005; R088-11, 12-30-2011; R099-20, 4-11-2022)

      NAC 587.221  Certain wholesalers and retailers required to pay certain annual fees for analysis and testing; exception. (NRS 587.077, 587.083)

     1.  A wholesaler or retailer who does not pay a fee pursuant to NAC 587.220 for a sample of seed shall pay the applicable fee set forth in this section for the analysis and testing of samples of seed to ensure that the labeling of the seed complies with NRS 587.091 to 587.105, inclusive, and NAC 587.010 to 587.221, inclusive.

     2.  Except as otherwise provided in subsection 4, a wholesaler described in subsection 1 shall pay a fee of $750 on or before July 1 of each year the wholesaler operates in this State.

     3.  Except as otherwise provided in subsection 4, a retailer described in subsection 1 shall pay a fee of $75 on or before July 1 of each year the retailer operates in this State.

     4.  A wholesaler or retailer described in subsection 1 who operates more than one branch in this State:

     (a) Shall pay the amount set forth in subsection 2 for each branch operated by the wholesaler in this State; and

     (b) Shall pay the amount set forth in subsection 3 for each branch operated by the retailer in this State.

     5.  A wholesaler or retailer is not required to pay the fee set forth in this section if the wholesaler or retailer:

     (a) Is selling seeds that were produced by the wholesaler or retailer;

     (b) Is selling seeds of vegetables or seeds of flowers at retail in containers of one-half pound or less that comply with NRS 587.097 or 587.101, as applicable; or

     (c) Has a gross annual income of less than $500. A wholesaler or retailer seeking to qualify for this exception shall provide evidence satisfactory to the Department of a gross annual income of less than $500.

     6.  As used in this section:

     (a) “Branch” means the physical location where the wholesaler or retailer, as applicable, sells, offers or exposes for sale seed.

     (b) “Retailer” means a person who sells seed in this State directly to a consumer.

     (c) “Wholesaler” means a person who sells seed in this State for resale to retailers, distributors, brokers or other wholesalers.

     (Added to NAC by Dep’t of Agriculture by R099-20, eff. 4-11-2022)

STANDARDS FOR CERTIFICATION OF SEEDS GENERALLY

     NAC 587.222  Definitions. (NRS 587.077, 587.083)  As used in NAC 587.222 to 587.810, inclusive, unless the context otherwise requires, the words and terms defined in NAC 587.224 to 587.236, inclusive, have the meanings ascribed to them in those sections.

     (Supplied in codification; A by Dep’t of Agriculture, 12-3-90)

      NAC 587.224  “Breeder seed” defined. (NRS 587.077, 587.083)  “Breeder seed” means seed which is:

     1.  Directly controlled by the plant breeder or person who originated or sponsored the seed; and

     2.  The source for the production of seed of the other classes of certified seed.

     (Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A 12-3-90)

      NAC 587.226  “Certified seed” defined. (NRS 587.077, 587.083)  “Certified seed” means the progeny of breeder, foundation or registered seed, except as otherwise provided in NAC 587.240, which has been handled to maintain satisfactory genetic purity and identity and has been approved by the Department.

     (Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A 12-3-90)

      NAC 587.2265  “Conditioning” defined. (NRS 587.077, 587.083)  “Conditioning” means the mechanical handling of seed from harvest until marketing.

     (Added to NAC by Dep’t of Agriculture, eff. 12-3-90)

      NAC 587.228  “Foundation seed” defined. (NRS 587.077, 587.083)  “Foundation seed” means seed which is:

     1.  The progeny of breeder or foundation seed produced under control of the person who originated or sponsored the seed; and

     2.  A class of certified seed that is produced under procedures established by the Department for the purpose of maintaining genetic purity and identity.

     (Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A 12-3-90)

      NAC 587.230  “Interagency certification” defined. (NRS 587.077, 587.083)  “Interagency certification” means the participation of two or more member agencies of the Association of Official Seed Certifying Agencies in performing the services required to certify the same lot of seed.

     (Added to NAC by Dep’t of Agriculture, eff. 6-11-80)

      NAC 587.231  “None” or “zero” defined. (NRS 587.077, 587.083)  “None” or “zero” means none found during the normal inspection or testing procedure.

     (Added to NAC by Dep’t of Agriculture, eff. 12-3-90)

      NAC 587.232  “Off-type” defined. (NRS 587.077, 587.083)  “Off-type” means any seed or plant that is not a part of the variety because it deviates in one or more characteristics from the variety as described. The term includes:

     1.  A seed or plant of another variety;

     2.  A seed or plant not a variety;

     3.  A seed or plant resulting from cross-pollination by another kind or variety;

     4.  A seed or plant resulting from uncontrolled self-pollination during production of hybrid seed; or

     5.  Segregates from any of the seeds or plants listed above.

     (Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A 12-3-90)

      NAC 587.2335  “Plant breeder” defined. (NRS 587.077, 587.083)  “Plant breeder” means a person actively engaged in the breeding and maintenance of varieties of plants.

     (Added to NAC by Dep’t of Agriculture, eff. 12-3-90)

      NAC 587.234  “Registered seed” defined. (NRS 587.077, 587.083)  “Registered seed” means the progeny of breeder or foundation seed which has been handled to maintain satisfactory genetic purity and identity and has been approved by the Department.

     (Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A 12-3-90)

      NAC 587.235  “Variant” defined. (NRS 587.077, 587.083)  “Variant” means a seed or plant, other than an off-type, that is:

     1.  Distinct within the variety and occurs naturally in the variety;

     2.  Stable and predictable with a degree of reliability comparable to other varieties of the same kind within recognized tolerances if the variety is reproduced or reconstituted; and

     3.  A part of the variety as originally released.

     (Added to NAC by Dep’t of Agriculture, eff. 12-3-90)

      NAC 587.236  “Variety” defined. (NRS 587.077, 587.083)  “Variety” means a subdivision of a kind which is distinct, uniform and stable. As used in this section:

     1.  “Distinct” means that the variety can be differentiated by one or more identifiable morphological, physiological or other characteristics from all other known varieties.

     2.  “Uniform” means that variations in essential and distinctive characteristics may be described.

     3.  “Stable” means that the variety remains unchanged to a reasonable degree of reliability in its essential and distinctive characteristics and its uniformity if reproduced or reconstituted as required by the different categories of varieties.

     (Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A 12-3-90)

      NAC 587.237  Adoption of standards by reference. (NRS 587.077, 587.083)  In addition to the general standards for the production of certified seed in this State set forth in NAC 587.222 to 587.274, inclusive, the Director hereby adopts by reference the requirements and procedures for the certification of seed set forth in the Certification Handbook of the Association of Official Seed Certifying Agencies as it existed on October 1, 1999, and any subsequent edition issued by the Association of Official Seed Certifying Agencies. Each new edition shall be deemed approved by the Director unless the edition is disapproved by the Director within 60 days after the date of publication. The Director will review each edition issued after the edition in existence on October 1, 1999, to ensure its suitability for Nevada. The most current edition that has been approved by the Director will be available from the Department at 350 Capitol Hill Avenue, Reno, Nevada 89502, for the price of $40 per copy.

     (Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A by R174-99, 3-13-2000)

      NAC 587.2375  Noxious weed seeds. (NRS 587.077, 587.083)  For the purposes of NAC 587.222 to 587.339, inclusive, the following plant seeds and any propagating parts thereof are noxious weed seeds:

 

          Camelthorn (Alhagi maurorum)

          Fieldcress, Austrian (Rorippa austriaca)

          Goatgrass, barb (Aegilops triuncialis)

          Goatgrass, jointed (Aegilops cylindrica)

          Halogeton (Halogeton glomeratus)

          Horsenettle, Carolina (Solanum carolinense)

          Klamath weed (Hypericum perforatum)

          Knapweed, Russian (Acroptilon repens)

          Medusahead (Taeniatherum caput-medusae) subsp. caput-medusae

          Peaweed, Austrian (Sphaerophysa salsula)

          Quackgrass (Elytrigia repens)

          Skeletonweed, rush (Chondrilla juncea)

          Sorghum species, perennials, including Johnson grass (Sorghum halepense), Sorghum almum and perennial sweet sudangrass

          Sowthistle, perennial (Sonchus arvensis)

          Spurge, leafy (Euphorbia esula)

          Starthistle, Iberian (Centaurea iberica)

          Starthistle, purple (Centaurea calciptrapa)

          Starthistle, yellow (Centaurea solstitialis)

          Thistle, Canada (Cirsium arvense)

          Toadflax, Dalmatian (Linaria dalmatica)

          Whitetop or Hoarycress (Cardaria chalepensis, C. draba, C. pubescens)

 

     (Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A 12-3-90; R174-99, 3-13-2000)

      NAC 587.238  Eligibility of varieties for certification. (NRS 587.077, 587.083)

     1.  A variety is eligible for certification by the Department only if it has been approved as meriting certification by at least one certifying agency or by an appropriate national variety review board.

     2.  Before a variety will be considered for certification, the originator, developer, owner or agent must request certification and provide the following information:

     (a) The name of the variety, which must be the established name if the variety has been previously marketed.

     (b) A statement of the variety’s origin and the breeding procedure used in its development.

     (c) A detailed description of the morphological, physiological and other important characteristics of plants and seed, including variants, that distinguish it from other varieties.

     (d) Evidence of performance, including comparative yield data, insect and disease resistance and other factors supporting the identity of the variety.

     (e) A statement on the plans and procedures for the maintenance of classes of stock seed, including the number of generations through which the variety may be multiplied.

     (f) A statement delineating the geographic area of adaptation of the variety.

     (g) A description of the manner in which the variety is constituted if the particular cycle of reproduction or multiplication is specified.

     (h) Any additional restriction on the variety specified by the breeder with respect to geographic area of seed production, age of stand and other factors affecting genetic purity.

     (i) A sample of seed representative of the variety as marketed. The size of the sample is that required for a submitted sample in the current issue of the Rules for Testing Seeds published by the Association of Official Seed Analysts and available at cost from the Department.

     (Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A 12-3-90)

      NAC 587.239  Classes of certified seed. (NRS 587.077, 587.083)  The following classes of certified seed are recognized in the certification of seed: breeder, foundation, registered and certified. These classes of seed must meet the standards of the Department for the respective crops.

     (Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A 12-3-90)

      NAC 587.240  Limitation on generations; exceptions. (NRS 587.077, 587.083)  The number of generations through which a variety may be multiplied must be limited to that specified by the originating breeder or owner of a variety, but may not exceed two generations beyond foundation seed, with the following exceptions:

     1.  Recertification of the certified class may be permitted for older varieties of crops if foundation seed is not being maintained.

     2.  The production of an additional generation of the certified class may only be permitted on a 1-year basis when an emergency is declared by the certifying agency, stating that the supply of foundation and registered seed is not adequate to plant the needed certified acreage of the variety. The permission of the originating or sponsoring breeder or owner of the variety, if existent, must be obtained. The additional generation of certified seed to meet the emergency need is ineligible for recertification.

     (Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A 12-3-90)

      NAC 587.242  Evidence required of class and source of seed. (NRS 587.077, 587.083)  The Department must be supplied with satisfactory evidence of the class and source of seed used to plant each crop being considered for certification. A certification tag from each lot of seed planted must accompany the application for certification. If no tags are available, a sales record or other documentation must be provided that identifies the source of seed.

     (Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A 12-3-90)

      NAC 587.243  Requirements for land. (NRS 587.077, 587.083)  The following requirements for land must be met in addition to those specified in the standards for individual crops:

     1.  The unit of certification must be a clearly defined area of land which may be divided subject to regulations for specific crops.

     2.  A field history must be provided to the Department which states the crops planted in previous years as required by the standards for each crop.

     3.  The Department may approve a modification of land history if a cultural practice is proven successful. As used in this subsection, “cultural practice” includes mechanical means for preparation of a seed bed, such as deep plowing, and chemical means, such as the use of fumigants or other materials. The materials and method that are used must be reported to the Department. The method used must be approved by the Department and adequate to maintain varietal purity. To aid in distinguishing between volunteers and the crop seeded, the seed must be planted in distinct rows but the spacing of the rows may vary.

     4.  The time interval for land history must not be less than the requirement stated in the Federal Seed Act, 7 C.F.R. §§ 201 et seq., for the specified crop and appropriate certified generation. A copy of the Federal Seed Act may be obtained by mail from the Superintendent of Documents, U.S. Government Printing Office, P.O. Box 979050, St. Louis, Missouri 63197-9000, or by toll-free telephone at (866) 512-1800, at a cost of $18.

     5.  The Department may approve reseeding of a field but will not allow reseeding after a field has produced a seed crop.

     6.  Manure or other contaminating amendments must not be applied the year before seeding or during the established productive life of the stand.

     (Added to NAC by Dep’t of Agriculture, eff. 12-3-90)

      NAC 587.244  Field inspection; grounds for rejection of seed crop. (NRS 587.077, 587.083)  One or more field inspections will be made each time a seed crop of any certified class is to be harvested and when genetic purity and identity, or any other factor affecting seed certification, can best be determined. The Department may reject a seed crop if any condition, such as excessive weediness, poor stand or disease, prevents adequate inspection of a field.

     (Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A 12-3-90)

      NAC 587.247  Inspections and testing after harvest; use of lot numbers or certified field numbers. (NRS 587.077, 587.083)

     1.  Harvested lots of seed from inspected fields may be inspected at any time by the Department. Evidence that any lot of seed has not been protected from contamination which affects genetic purity, or is not properly identified, is cause for rejection of certification.

     2.  Lot numbers or certified field numbers must be:

     (a) Placed on each container or bag of seed; and

     (b) Visible during the process of conditioning.

     3.  A representative sample of each lot of seed must be taken before final certification to determine whether the seed meets the standards for purity, germination or other specific requirement for certification. All samples must be taken and tested in accordance with the current edition of the Rules for Testing Seeds published by the Association of Official Seed Analysts and available at cost from the Department.

     4.  All seed or plant samples taken for determination of certification eligibility must be tested by the Department or in a laboratory approved by the Department.

     (Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A 12-3-90)

      NAC 587.248  Blending of seed lots. (NRS 587.077, 587.083)  Seed lots of the same variety and seed variety and seed class may be blended and the seed class retained. If lots of different classes are blended, the lowest class must be applied to the resultant blend. Such blending must be authorized by the Department.

     (Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A 12-3-90)

      NAC 587.250  Labeling and sealing: Requirements. (NRS 587.077, 587.083)

     1.  Except as otherwise provided in this subsection, seed of all certified classes, when offered for sale in bags or other containers, must have an official certification label, properly affixed to each container, clearly identifying the certifying agency, kind, variety, lot number and class of seed. In the case of seed sold in bulk, the invoice must include the same information as required for the label on seed sold in containers. Official certification labels on seed mixtures and seed in containers of quantities of 5 pounds or less are not required to bear the name of the kind and variety of each component if the name of the kind and variety is indicated elsewhere on the container.

     2.  The official certification label may be printed directly on the container if accounting for the use of such containers is maintained by the Department.

     3.  Requirements for labeling for certification and sealing depend upon the crop and methods of handling, but in all cases labels must be attached to containers in a manner that prevents removal and reattachment.

     (Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A 12-3-90; R174-99, 3-13-2000)

      NAC 587.251  Labeling: Compliance with national and state law. (NRS 587.077, 587.083)  The seller is responsible for compliance with the requirements for labeling seed regarding the analysis of the seed pursuant to the law of the country, state or province into which the seed is shipped or sold.

     (Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A by R174-99, 3-13-2000)

      NAC 587.252  Methods and standards of interagency certification. (NRS 587.077, 587.083)

     1.  The methods and standards employed in each step of interagency certification are those used when certification is completed by a single agency with the exception that seed for which final certification is completed in Nevada must meet the minimum requirements for the crop and variety as specified by the Association of Official Seed Certifying Agencies.

     2.  To be recognized for interagency certification, seed must be received in containers carrying official certification labels or evidence of its eligibility from another certifying agency, including the following information:

     (a) Variety and kind;

     (b) Amount of seed in pounds or bushels;

     (c) Class of certified seed; and

     (d) Inspection or lot number traceable to the previous certifying agency’s records.

     3.  In addition to complying with NAC 587.250, each label used in interagency certification must be serially numbered, or carry the certification identity number and clearly identify the certifying agencies involved and the variety, kind and class of seed except vegetable seed in containers of quantities of 5 pounds or less and lawn and turf seed mixtures. Labels for such vegetable seed and lawn and turf seed mixtures are not required to include the name of the kind and variety if the name of the kind and variety and the certifying agencies involved are clearly indicated elsewhere on the containers.

     4.  If a container of certified seed is opened and relabeled, all procedures must be conducted with the approval of the certifying agencies involved.

     (Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A 12-3-90; R174-99, 3-13-2000)

      NAC 587.254  Certification: Application; annual registration of perennial crops; fees. (NRS 587.077, 587.083)

     1.  Application for certification must be made on a form obtained from or approved by the Department for each site.

     2.  To maintain certification, a perennial crop must be registered each year, including the seedling year, whether or not a seed crop is harvested during that year.

     3.  Applications must be accompanied by the applicable acreage and other fees set forth in subsection 7.

     4.  Except as otherwise provided in subsection 5, applications are due on the following dates:

     (a) Alfalfa, grass, clover, rapeseed, woody plants and forbs of the foundation, registered or certified class, April 1, or, if the crop is planted after April 1, within 30 days after planting.

     (b) Small grain and beans and field crops, other than those described in paragraph (a), of the foundation, registered or certified class, May 1, or, if the crop is planted after May 1, within 30 days after planting.

     (c) Seed fields or orchards of the selected or tested class, at least 30 days before planting or, for renewal of perennial crops of seed fields or orchards of the selected or tested class, May 1.

     (d) Natural stands of the selected or tested class, at least 15 days before the first harvest.

     (e) Natural stands of the source identified class, at least 3 days before harvest.

     (f) Planted stands of the source identified class, May 1.

     5.  The Department may, upon a showing of good cause, accept an application for certification filed after the date required for filing provided in subsection 4.

     6.  In addition to any other requirements, an applicant for certification of a source-identified class shall submit a site collection log and the fee for the site collection log set forth in subsection 7 to the Department within 7 days after the period for seed collection ends.

     7.  The Department shall charge the following fees:

     (a) For an application for a field crop:

 

 

     (b) For prevariety germplasm of the:

          (1) Tested Class:

               (I) Seed fields or orchards, $4 per acre plus $.25 per tag if tags are requested; and

               (II) Natural stands, $50 for each application for certification for each site plus $.25 per tag if tags are requested;

          (2) Selected Class:

               (I) Seed fields or orchards, $4 per acre plus $.25 per tag if tags are requested; and

               (II) Natural stands, $50 for each application for certification for each site plus $.25 per tag if tags are requested; and

          (3) Source Identified Class, $10 for each application for certification of each site and $50 per site collection log plus $.10 per pound of clean seed if tags are requested.

Ê The Department shall charge an acreage fee of at least $25 per field.

     8.  In addition to any other fees, the Department may charge a fee of $50 per field if a reinspection of the field is required to determine eligibility for certification.

     9.  Except as otherwise provided in subsection 10, the Department will bill production fees after the seed is cleaned and only if the lot meets certification standards.

     10.  For seeds conditioned out of State:

     (a) The Department will not charge production fees for seeds that are tagged out of State through interagency certification.

     (b) The Department will charge production fees for seeds for which tags are requested from the Department.

     11.  The Department will collect acreage fees on all perennial crops in the year of seeding and in each calendar year thereafter.

     12.  The Department shall refund the acreage fee:

     (a) For all crops, if the application is withdrawn in writing before a field inspection.

     (b) For a perennial crop for any year, except the seedling year, if the Department is notified that the crop is not intended to produce seed. The Department must be notified in writing before the field is inspected.

     13.  As used in this section, “prevariety germplasm” has the meaning ascribed to it in NAC 587.3396.

     (Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A 12-3-90; R174-99, 3-13-2000; R046-03, 9-24-2003; R023-04, 6-16-2004; R086-11, 12-30-2011)

      NAC 587.256  Conditioners: Responsibilities; duration of approval. (NRS 587.077, 587.083)

     1.  Conditioners requiring certification services must apply to the Department.

     2.  To condition seed eligible for certification, a conditioner must meet the following requirements:

     (a) Facilities must be available to perform the conditioning without introducing admixtures;

     (b) Identity of the seed must be maintained at all times;

     (c) Records of all operations relating to certification must be complete and adequate to account for all incoming seed and final disposition of seed;

     (d) Conditioners must permit inspection by the Department of all records of the kind of seed certified, including both certified and noncertified seed; and

     (e) Conditioners must designate a person who will be responsible to the Department for performing such duties as are required.

     3.  Approval of conditioners is on an annual basis.

     (Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A 12-3-90; R174-99, 3-13-2000)

STANDARDS FOR CERTIFICATION OF ALFALFA SEED

      NAC 587.258  Applicability. (NRS 587.077, 587.083)  The general standards for certification of seed as adopted by the Department and NAC 587.260 to 587.274, inclusive, govern the standards for the certification of alfalfa seed.

     (Added to NAC by Dep’t of Agriculture, eff. 5-1-79; A 12-3-90)

      NAC 587.260  Alfalfa regions in Nevada; limitations on age of stand and classes of seed. (NRS 587.077, 587.083)

     1.  The northern alfalfa region in Nevada consists of the area north of the 40th parallel.

     2.  The central alfalfa region in Nevada consists of the area south of the 40th parallel.

     3.  Limitations on the age of stand and classes of seed through which a variety may be multiplied for both inside and outside of the region of adaptation may be specified by the originator or owner of the seed. Production of certified seed outside of the region of adaptation must not exceed 6 years unless otherwise specified by the originator or owner.

     (Added to NAC by Dep’t of Agriculture, eff. 5-1-79; A 12-3-90)

      NAC 587.262  Requirements for land. (NRS 587.077, 587.083)

     1.  Land intended for the production of foundation, registered or certified classes of seed must not have been planted with any variety of alfalfa and must be free from volunteer alfalfa plants for 4 years, 3 years and 1 year, respectively, preceding the establishment of the stand.

     2.  The application must indicate the crops grown for the previous 4 years, 3 years and 1 year on the land intended for the production of the foundation, registered or certified classes of seed, respectively.

     3.  At least 2 years must elapse between the destruction of varieties of dissimilar adaptation and establishment of a new stand for the production of seed for certification.

     4.  During the year immediately preceding the seeding of any class of seed, the land must be free from volunteer plants. Manure or other amendments to the soil that are contaminating must not be applied during the year immediately preceding the seeding of the land or during the established and productive life of the stand.

     (Added to NAC by Dep’t of Agriculture, eff. 5-1-79; A 12-3-90; R174-99, 3-13-2000)

      NAC 587.263  Requirements for isolation. (NRS 587.077, 587.083)

     1.  Except as otherwise provided in subsections 2 and 3, the minimum distance a field of alfalfa must be from a different variety or a field of the same variety of alfalfa that does not meet the requirements for varietal purity for certification is:

 

 

     2.  Requirements for isolation for the certified class are based on the size of the field and the percentage of the field within 165 feet from another variety of alfalfa. If 10 percent or less of the certified field is within 165 feet, no isolation is required, but a definite separation must be maintained. If more than 10 percent of the field is within 165 feet, that part of the field must not be harvested as certified seed. The zone of isolation is calculated by multiplying the length of the common border with other varieties of alfalfa by the average width of the certified alfalfa field falling within the requirement of a distance of 165 feet isolation.

     3.  The distance of isolation between classes of the same variety may be reduced to 10 feet, regardless of the class or size of a field.

     4.  If a portion of a field meets the requirements for isolation, a clear line of demarcation must be established between the certified and noncertified portions of the field.

     (Added to NAC by Dep’t of Agriculture, eff. 12-3-80; A 12-3-90)

      NAC 587.267  Fields of alfalfa: Inspections; control of contamination. (NRS 587.077, 587.083)

     1.  The Department will make the following inspections of a field of alfalfa:

     (a) A seedling inspection will be made in the year the crop is planted; and

     (b) A seed crop inspection will be made when the crop is in bloom.

     2.  The Department may reject or reclassify a seed field if volunteer plants are found.

     3.  All fields entered for certification must show evidence of control of:

     (a) Contaminating crops and varieties; and

     (b) Objectionable and noxious weeds.

     (Added to NAC by Dep’t of Agriculture, eff. 12-3-90)

      NAC 587.269  Fields of alfalfa: Maximum tolerances. (NRS 587.077, 587.083)  A field of alfalfa must meet the following tolerances to be eligible for certification:

 

 

     (Added to NAC by Dep’t of Agriculture, eff. 12-3-90; A by R174-99, 3-13-2000)

      NAC 587.274  Minimum standards for classes of alfalfa seed. (NRS 587.077, 587.083)

     1.  Each lot of seed entered for certification must be sampled and meet the minimum standards for the class of seed produced. Samples will be drawn by a representative of the Department pursuant to NAC 587.180 and 587.190, and must meet the following standards:

 

 

     2.  For the purposes of this section, “objectionable weed seed” includes field bindweed (Convolvulus arvensis), dodder (Cuscuta spp.) and dogbane (Apocynum cannabinum).

     (Added to NAC by Dep’t of Agriculture, eff. 5-1-79; A 6-11-80; 12-3-90; R174-99, 3-13-2000)

STANDARDS FOR CERTIFICATION OF BARLEY, OAT, RYE, TRITICALE AND WHEAT SEED

      NAC 587.282  Applicability. (NRS 587.077, 587.083)  The general standards for certification of seed of the Department and NAC 587.283 to 587.288, inclusive, govern the certification of barley, oat, rye, triticale and wheat seed.

     (Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A 12-3-90)

      NAC 587.283  Requirements for land. (NRS 587.077, 587.083)

     1.  A small grain crop that is grown for certification must not be planted on land on which the last crop grown was of the same kind, unless the last crop grown was of the same variety and met all certification requirements for the same or higher class.

     2.  The application for certification must indicate the crops grown the previous year on the land.

     (Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A 12-3-90)

      NAC 587.284  Requirements for isolation. (NRS 587.077, 587.083)

     1.  A field of wheat, oats, barley or triticale must be separated by a strip of ground adequate to prevent mechanical mixtures.

     2.  A field producing any class of rye must be isolated by at least 660 feet from a field of any other variety or a field of the same variety that does not meet the requirements for varietal purity of the class of crop that is inspected which is of the same chromosomal number.

     3.  If a portion of a field meets the requirements for isolation, a clear line of demarcation must be established between the certified and noncertified portions of the field.

     (Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A 12-3-90; R174-99, 3-13-2000)

      NAC 587.285  Inspection of seed crops; control of contamination. (NRS 587.077, 587.083)

     1.  The Department will make an inspection of a seed crop of small grain after seed heads are produced.

     2.  A field of small grain entered for certification must show evidence of control of:

     (a) Contaminating crops and varieties; and

     (b) Objectionable and noxious weeds.

     (Added to NAC by Dep’t of Agriculture, eff. 12-3-90)

      NAC 587.286  Fields of small grain: Maximum tolerances. (NRS 587.077, 587.083)

     1.  Except as otherwise provided in subsections 2 and 3, a field of small grain must meet the following tolerances to be eligible for certification:

 

 

     2.  Rye is not allowed in barley, oats, triticale or wheat.

     3.  Triticale is not allowed in barley, oats, rye or wheat.

     (Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A 12-3-90; R174-99, 3-13-2000)

      NAC 587.288  Minimum standards for classes of small grain. (NRS 587.077, 587.083)

     1.  The following standards are established for foundation, registered and certified classes of small grain:

 

 

     2.  Rye is not allowed in barley, oats, triticale or wheat.

     3.  Triticale is not allowed in barley, oats, rye or wheat.

     4.  As used in this section:

     (a) “Objectionable weed seed” includes wild oats (Avena fatua).

     (b) “Other crop” does not include other small grain.

     (Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A 12-3-90; R174-99, 3-13-2000)

STANDARDS FOR CERTIFICATION OF BEAN SEED

      NAC 587.291  Applicability. (NRS 587.077, 587.083)  The general standards for certification of seed as adopted by the Department and NAC 587.291 to 587.296, inclusive, govern the standards for certification of bean seed.

     (Added to NAC by Dep’t of Agriculture, eff. 12-3-90)

      NAC 587.2925  Requirements for land. (NRS 587.077, 587.083)

     1.  A field of beans planted for the production of foundation, registered or certified classes of seed must not have been planted to or grown a crop of beans for 1 year unless the previous crop was:

     (a) Eligible for certification;

     (b) The same variety; and

     (c) The same or higher class.

     2.  A field of beans:

     (a) On which bacterial blight has been found is eligible to grow certified beans if it has been planted to a crop other than beans for 2 years.

     (b) Must be separated from other beans that are planted by at least 10 feet.

     (Added to NAC by Dep’t of Agriculture, eff. 12-3-90; A by R174-99, 3-13-2000)

      NAC 587.294  Fields of beans: Inspections; maximum tolerances. (NRS 587.077, 587.083)

     1.  The Department shall conduct at least two field inspections of a field of beans during the growing season. At least one of these field inspections must be conducted during the windrow stage.

     2.  A field of beans must meet the following tolerances to be eligible for certification:

 

 

     3.  As used in this section, “other crops” includes inseparable other crops and distinct off-types.

     (Added to NAC by Dep’t of Agriculture, eff. 12-3-90; A by R174-99, 3-13-2000)

      NAC 587.296  Minimum standards for classes of bean seed. (NRS 587.077, 587.083)

     1.  The Department shall examine a sample of the cleaned seed lot for:

 

 

     2.  The following are the maximum percentage of defects that are allowed for all classes of bean seed:

     (a) Splits and cracks, 1 percent;

     (b) Badly discolored, 1 percent; and

     (c) Total defects plus inert matter, 2 percent.

     3.  Seed must:

     (a) Be well screened and graded;

     (b) Have a bright color; and

     (c) Have a good appearance.

     4.  As used in this section, “objectionable weeds” includes Poverty Weed (Iva axillaris), Fanweed (Thlaspi arvense), Rumex spp., Wild Oats (Avena fatua) and Nightshade Berries.

     (Added to NAC by Dep’t of Agriculture, eff. 12-3-90; A by R174-99, 3-13-2000)

STANDARDS FOR CERTIFICATION OF CLOVER

      NAC 587.297  Applicability. (NRS 587.077, 587.083)  The general standards for seed certification of the Department and NAC 587.299 to 587.309, inclusive, govern the certification of alsike, arrowleaf, crimson, red, strawberry, sweet and white clovers.

     (Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A 12-3-90)

      NAC 587.299  Requirements for land. (NRS 587.077, 587.083)

     1.  A crop of the same kind must not have been grown or planted on the land for 5 years before stand establishment for the production of foundation seed, 3 years for registered seed and 2 years for certified seed.

     2.  The application must indicate the crops grown for the previous 5, 3 or 2 years on land intended for the production of foundation, registered or certified classes of seed, respectively.

     3.  Except as otherwise provided in this subsection, during the year before seeding, the land must be free from volunteer plants of that crop. Reseeding varieties of crimson clover may be allowed to volunteer back year after year on the same ground. If a new reseeding variety of crimson clover is planted on ground where another variety once grew, the provisions of subsection 1 apply.

     (Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A 12-3-90; R174-99, 3-13-2000)

      NAC 587.301  Requirements for isolation. (NRS 587.077, 587.083)

     1.  Except as otherwise provided in subsection 2, the minimum distance in feet from a different variety of the same kind or a field of the same variety that does not meet the varietal purity requirements for certification is as follows:

 

 

     2.  The distance of isolation between classes of the same variety may be reduced to 10 feet, regardless of class or the size of the field.

     3.  The distance of isolation between a field of diploids and a field of tetraploids must be at least 15 feet.

     4.  If a portion of the field meets requirements for isolation, a clear line of demarcation must be established between the certified and noncertified portions of the field.

     (Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A 12-3-90; R174-99, 3-13-2000)

      NAC 587.302  Fields of clover: Inspections; control of contamination. (NRS 587.077, 587.083)

     1.  The Department shall make the following inspections of a field of clover:

     (a) A seedling inspection will be made in the year the crop is planted; and

     (b) A seed crop inspection will be made when the crop is in bloom.

     2.  The Department may reject or reclassify a seed field if volunteer plants are found except a seed field of crimson clover unless a new variety of crimson clover is planted in ground where another variety of crimson clover once grew.

     3.  A field of clover entered for certification must show evidence of control of:

     (a) Contaminating crops and varieties; and

     (b) Objectionable and noxious weeds.

     (Added to NAC by Dep’t of Agriculture, eff. 12-3-90; A by R174, 3-13-2000)

      NAC 587.304  Fields of clover: Maximum tolerances. (NRS 587.077, 587.083)

     1.  A field of clover must meet the following tolerances to be eligible for certification:

 

 

     2.  As used in this section, “other varieties” includes off-type plants.

     (Added to NAC by Dep’t of Agriculture, eff. 12-3-90; A by R174-99, 3-13-2000)

      NAC 587.305  Limitations on age of stand. (NRS 587.077, 587.083)

     1.  A stand of red clover is not eligible to produce any class of certified seed after two seed crops which are produced either in the same or consecutive years.

     2.  For white and alsike clover:

     (a) A foundation or registered field may produce only two successive seed crops following seeding except that each may be reclassified to the next lower class after being harvested for seed for 2 years. A stand will not be eligible to produce any class of seed after four consecutive seed crops immediately following the year of establishment.

     (b) A certified field on which a stand of perennial plants is maintained must not produce more than 4 consecutive seed crops immediately following the establishment of the certified field.

     (Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A 12-3-90; R174-99, 3-13-2000)

      NAC 587.309  Minimum standards for classes of clover. (NRS 587.077, 587.083)

     1.  The following seed standards are established for foundation, registered and certified classes of clover:

 

 

     2.  As used in this section:

     (a) “Germination” includes hard seed.

     (b) “Objectionable weed seed” includes:

          (1) The following and is permitted in seed with a maximum content as listed below:

 

 

          (2) For the foundation class of red clover, Brassica spp.

     (Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A 12-3-90; R174-99, 3-13-2000)

STANDARDS FOR CERTIFICATION OF GRASS SEED

      NAC 587.320  Applicability of various standards. (NRS 587.077, 587.083)

     1.  The general standards of the Department for certification of seed, together with the standards of NAC 587.320 to 587.329, inclusive, govern the standards for the certification of grass seed.

     2.  All classes of certified seed may be produced from planting stock which was vegetatively propagated according to the procedure specified by the originator, but in such cases the standards for the vegetative propagation of grasses apply.

     (Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A 12-3-90)

      NAC 587.321  Requirements for land. (NRS 587.077, 587.083)

     1.  Foundation seed must be produced on land on which the same species was not seeded or grown during the previous 5 crop years.

     2.  Registered seed must be produced on land on which the same species was not seeded or grown during the previous 2 crop years.

     3.  Certified seed must not be produced on land on which the same species was seeded or grown during the previous year unless the last crop grown is of the same variety and meets all requirements for certification of the same or higher class.

     4.  The application must indicate the crops grown for the previous 5 years, 2 years or 1 year on the land intended for the production of foundation, registered or certified classes of seed, respectively.

     (Added to NAC by Dep’t of Agriculture, eff. 6-11-80; A 12-3-90)

      NAC 587.323  Requirements for isolation. (NRS 587.077, 587.083)

     1.  Except as otherwise provided in subsection 2, the following requirements for isolation must be met if at least two different strains of the same species of grass are in bloom at the same time:

 

 

     2.  If different classes of the same variety, which must also meet certification requirements, are being grown on the same or adjacent fields, the requirement for isolation may be reduced to 25 percent of that shown in the table in subsection 1. The minimum isolation for all seed classes of tetraploids is at least 15 feet from diploids of the same species.

     3.  Border removal is allowed only in fields of at least 5 acres. A border must not be removed until pollination of the crop to be certified is completed. The distance is the minimum isolation required for each class of seed after border removal.

     4.  For the purposes of this section, varieties within species with both cross-pollinated and apomictic type of reproduction are considered highly apomictic for minimum isolation unless otherwise specified for that variety.

     (Added to NAC by Dep’t of Agriculture, eff. 12-3-90; A by R174-99, 3-13-2000)

      NAC 587.325  Fields of grass seed: Inspections; control of contamination. (NRS 587.077, 587.083)

     1.  The Department will make the following inspections of a field of grass seed:

     (a) A seedling inspection will be made in the year the crop is planted; and

     (b) A field inspection will be made after heading and before harvesting.

     2.  The Department may reject or reclassify a field of grass seed if volunteer plants or noxious weeds are found in or around the borders of a field.

     (Added to NAC by Dep’t of Agriculture, eff. 12-3-90)

      NAC 587.327  Fields of grass seed: Maximum tolerances. (NRS 587.077, 587.083)

     1.  A field of grass seed must meet the following tolerances to be eligible for certification:

 

 

     2.  As used in this section, “other varieties” includes off-type plants and plants that can be differentiated by the varietal description from the variety being inspected.

     (Added to NAC by Dep’t of Agriculture, eff. 12-3-90; A by R174-99, 3-13-2000)

      NAC 587.329  Minimum standards for classes of grass seed. (NRS 587.077, 587.083)

     1.  The following standards for grass seed apply to the foundation and registered classes:

 

 

     2.  The following standards for grass seed apply to the certified class:

 

 

      ¹ Type of reproduction: C = Cross pollinated, S = Self-pollinated, A = Apomictic

      ² Noxious weed seed listed in NAC 587.2375 has a zero tolerance in grass crops along with the following: dodder (Cuscuta spp.), wild garlic (Allium vineale) and field bindweed (Convolvulus arvensis). The following weed seeds are permitted with a maximum tolerance of 27 seeds per pound: docks (Rumex spp.) and fanweed (Thlaspi arvense).

      ³ The variety Merion may contain a minimum of 92 percent pure seed, a maximum of 8 percent inert matter and a maximum of 3 percent other Kentucky bluegrass varieties. Kentucky bluegrass varieties other than Merion may contain a maximum of 2 percent other bluegrass varieties. Canada bluegrass may contain a maximum of 3 percent Kentucky bluegrass.

 

     (Added to NAC by Dep’t of Agriculture, eff. 12-3-90; A by R174-99, 3-13-2000)

STANDARDS FOR CERTIFICATION OF RAPESEED

      NAC 587.331  Applicability. (NRS 587.077, 587.083)  The general standards for certification of seed as adopted by the Department and NAC 587.331 to 587.339, inclusive, govern the standards for certification of rapeseed.

     (Added to NAC by Dep’t of Agriculture, eff. 12-3-90)

      NAC 587.333  Requirements for land. (NRS 587.077, 587.083)

     1.  A field of rapeseed planted for the production of:

     (a) Foundation seed must not have been planted to or grown a crop of rapeseed during the previous 5 years.

     (b) Registered seed must not have been planted to or grown a crop of rapeseed during the previous 4 years.

     (c) Certified seed must not have been planted to or grown a crop of rapeseed during the previous 3 years.

     2.  The application for certification must indicate the crops grown for the previous 5, 4 or 3 years on the land intended for the production of foundation, registered or certified classes of seed, respectively.

     (Added to NAC by Dep’t of Agriculture, eff. 12-3-90)

      NAC 587.335  Requirements for isolation. (NRS 587.077, 587.083)

     1.  Except as otherwise provided in subsections 2 and 3, the minimum distance that a field of rapeseed must be from a different variety or field of the same variety of rapeseed which does not meet the varietal purity requirements for certification is as follows:

 

 

     2.  A distance of 3 miles for the production of foundation or registered seed and 2 miles for the production of certified seed is required if isolating fields of different oil or glucosinolate content.

     3.  The distance of isolation between classes of the same variety may be reduced to 15 feet.

     4.  If a portion of a field meets the requirement for isolation, a clear demarcation must be established between the certified and noncertified portions of the field.

     (Added to NAC by Dep’t of Agriculture, eff. 12-3-90)

      NAC 587.337  Field inspections; control of contamination. (NRS 587.077, 587.083)

     1.  The Department will make a field inspection of rapeseed when the crop is in the early flowering stage.

     2.  The Department may reject or reclassify a seed field if volunteer plants or noxious weeds are found in or around the borders of a field of rapeseed.

     (Added to NAC by Dep’t of Agriculture, eff. 12-3-90)

      NAC 587.3375  Fields of rapeseed: Maximum tolerances. (NRS 587.077, 587.083)

     1.  A field of rapeseed must meet the following tolerances to be eligible for certification:

 

 

     2.  As used in this section, “other varieties” includes off-type plants and plants that can be differentiated from the variety being inspected.

     (Added to NAC by Dep’t of Agriculture, eff. 12-3-90)

      NAC 587.339  Minimum standards for classes of rapeseed. (NRS 587.077, 587.083)

     1.  A field of rapeseed must meet the following standards for purity and germination of seed.

 

 

As used in this subsection, “objectionable weed seed” includes the maximum number of seed permitted of Brassica spp., Sinapis arvensis or Raphanus raphanistrum, singly or collectively, in the amount of seed examined for noxious weed seed.

     2.  Erucic acid and glucosinolate content must be within the tolerances described by the plant breeder for each variety.

     3.  All seed lots must be assayed and shown to be 99.99 percent free from Phoma lingam.

     (Added to NAC by Dep’t of Agriculture, eff. 12-3-90; A by R174-99, 3-13-2000)

STANDARDS FOR CERTIFICATION OF SOD QUALITY SEEDS

      NAC 587.3391  Eligibility of seed. (NRS 587.077, 587.083)  Any seed described in subsection 3 of NAC 587.3393 that is labeled as “Nevada Sod Quality Seed” must:

     1.  Be produced in Nevada; and

     2.  Comply with the provisions of NAC 587.222 to 587.3395, inclusive.

     (Added to NAC by Dep’t of Agriculture by R174-99, eff. 3-13-2000)

      NAC 587.3392  Procedures for qualification. (NRS 587.077, 587.083)

     1.  A person who wishes to label seed as “Nevada Sod Quality Seed” must submit to the Department a sample of the seed to be labeled, a report of the analysis of the seed conducted pursuant to NAC 587.3393 and a completed request on a form provided by the Department.

     2.  The Department may designate an authorized representative to receive samples of seed submitted pursuant to subsection 1.

     (Added to NAC by Dep’t of Agriculture by R174-99, eff. 3-13-2000)

      NAC 587.3393  Seed standards. (NRS 587.077, 587.083)

     1.  If only a portion of a particular harvested seed lot is to be labeled, the sample submitted pursuant to subsection 2 of NAC 587.3392 must represent only that portion of seed and must be clearly marked with a new lot number.

     2.  Seed lots submitted pursuant to NAC 587.3392 for labeling as “Nevada Sod Quality Seed” must be analyzed by a laboratory approved by the Department for compliance with the provisions of subsection 3.

     3.  Seed lots submitted for analysis pursuant to subsection 2 must be free from noxious weed seed and the kinds of seed set forth in subsection 5, as applicable, and comply with the following requirements:

 

 

      ¹ Certification fluorescence levels and appropriate calculations will be applied when determining levels of other crop.

      ² Maximum other varieties of Kentucky bluegrass allowed is 2%; maximum allowed Canada bluegrass is .02%.

      ³ A 500 seed count will be used to determine other species of Agrostis.

 

     4.  The analysis for noxious weed seed, other crop seed and weed seed must be:

     (a) Discontinued if the limits set forth in subsection 3 are exceeded; and

     (b) Based on the following quantities of samples:

          (1) Bluegrass, 25 grams, except a sample of 10 grams may be used to analyze for the presence of Poa annua.

          (2) Fine Fescue, 30 grams.

          (3) Ryegrass and Tall Fescue, 50 grams.

          (4) Bentgrass, 2.5 grams.

     5.  Each kind of seed set forth in subsection 3 must be free from the following other kinds of seed, as applicable:

     (a) Ryegrass;

     (b) Orchardgrass;

     (c) Timothy;

     (d) Bentgrass;

     (e) Big bluegrass;

     (f) Poa trivialis;

     (g) Smooth bromegrass;

     (h) Reed canarygrass;

     (i) Tall fescue; and

     (j) Clover.

     6.  As used in this section, “noxious weed seed” includes dock (Rumex spp.), chickweed (Cerastium spp.) and Stellaria media, crabgrass (Digitaria spp.), plantain (Plantago spp.), black medic (Medicago lupulina), annual bluegrass (Poa annua), velvetgrass (Holcus spp.) and any other weed seed that is designated noxious in any other state except Hawaii.

     (Added to NAC by Dep’t of Agriculture by R174-99, eff. 3-13-2000)

      NAC 587.3394  Requirements for labeling. (NRS 587.077, 587.083)

     1.  The Department shall issue labels for seed lots that qualify for labeling as “Nevada Sod Quality Seed” pursuant to the provisions of NAC 587.3391 to 587.3395, inclusive.

     2.  A label issued pursuant to subsection 1 must be attached to each container of seed in a manner that ensures that the label will remain continuously attached until the container is delivered to the ultimate purchaser.

     (Added to NAC by Dep’t of Agriculture by R174-99, eff. 3-13-2000)

      NAC 587.3395  Fees. (NRS 587.077, 587.083)

     1.  The Department shall charge the applicant for any fees charged to the Department for seed submitted pursuant to NAC 587.3392 that is sampled out of State.

     2.  The Department shall charge a fee of 15 cents for each tag issued for seed labeled pursuant to NAC 587.3391 to 587.3395, inclusive.

     (Added to NAC by Dep’t of Agriculture by R174-99, eff. 3-13-2000)

STANDARDS FOR CERTIFICATION OF PREVARIETY GERMPLASM

      NAC 587.3396  “Prevariety germplasm” defined. (NRS 587.077, 587.083)  As used in NAC 587.3396 to 587.33995, inclusive, unless the context otherwise requires, “prevariety germplasm” means the seed, seedling or other propagating material of, without limitation, a species, selection, clone or intraspecific hybrid of a plant that has not been recognized as a variety.

     (Added to NAC by Dep’t of Agriculture by R174-99, eff. 3-13-2000)

      NAC 587.33965  Applicability. (NRS 587.077, 587.083)  The general standards of certification of seed as adopted by the Director and the provisions of NAC 587.3396 to 587.33995, inclusive, govern the certification of prevariety germplasm.

     (Added to NAC by Dep’t of Agriculture by R174-99, eff. 3-13-2000)

      NAC 587.3397  Germplasm classes: Tested; selected; source identified. (NRS 587.077, 587.083)

     1.  Propagating materials from a class of prevariety germplasm that is designated as tested must be the progeny of plants whose parentage has been tested and has proven genetic superiority or possesses distinctive traits for which the heritability is stable, but for which a variety has not been recognized. Prevariety germplasm of the tested class must be produced in a manner that ensures genetic purity and identity from:

     (a) Rigidly controlled and isolated natural stands or individual plants; or

     (b) Seed fields or orchards.

     2.  Propagating materials from a class of prevariety germplasm that is designated as selected must be the progeny of phenotypically selected plants of untested parentage that indicate, but do not prove, genetic superiority or distinctive traits. Prevariety germplasm of the selected class must be produced in a manner that ensures genetic purity and identity from:

     (a) Rigidly controlled and isolated natural stands or seed production areas; or

     (b) Seed fields or orchards.

     3.  Propagating materials from a class of prevariety germplasm that is designated as source identified must have had no selection or testing of their parent population. Prevariety germplasm of the source identified class must be produced in a manner that ensures genetic purity and identity from:

     (a) Rigidly controlled and isolated natural stands or seed production areas; or

     (b) Seed fields or orchards.

     (Added to NAC by Dep’t of Agriculture by R174-99, eff. 3-13-2000)

      NAC 587.33975  Designation of seed generations. (NRS 587.077, 587.083)

     1.  The Department shall designate each successive generation of production of prevariety germplasm, including the sexual and asexual means of reproduction and establishment, by a consecutive number beginning with zero. One asexual generation is equal to one sexual generation.

     2.  The system for naming generations of varieties of breeder seed, foundation seed, registered seed and certified seed does not apply to prevariety germplasm.

     (Added to NAC by Dep’t of Agriculture by R174-99, eff. 3-13-2000)

      NAC 587.3398  Limitation of generations. (NRS 587.077, 587.083)

     1.  The Department may specify a limitation on generations of prevariety germplasm grown in seed fields or orchards on a case-by-case basis.

     2.  The Department shall not limit the number of generations of prevariety germplasm collected from natural stands. The Department shall designate each such generation zero.

     (Added to NAC by Dep’t of Agriculture by R174-99, eff. 3-13-2000)

      NAC 587.33985  Determination and indication on tag of geographic origin and location. (NRS 587.077, 587.083)

     1.  The exact geographic location of the parent population and the history of the stand must be determined by the collector for natural stands of prevariety germplasm of the tested class. The collector shall ensure that the tag indicates the location, as described by section, township and range or a comparable description of land, and the elevation, within 500 feet, of the stand.

     2.  The location of a natural stand from which prevariety germplasm of the selected or source identified class is collected must be determined by the collector in a manner that ensures that the Department can locate the natural stand for inspection. The collector shall ensure that the tag indicates the location of the stand, including, without limitation, the state, county, geographic area of production and elevation, within 500 feet.

     3.  The specific geographic origin of the parent material must be determined by the collector for prevariety germplasm produced in a field or orchard. The collector may indicate the specific geographic origin of the parent material on the tag. The collector shall ensure that the tag indicates the location of the field or orchard, including, without limitation, the state, county and geographic area of production.

     (Added to NAC by Dep’t of Agriculture by R174-99, eff. 3-13-2000)

      NAC 587.3399  Requirements of isolation. (NRS 587.077, 587.083)  The Department shall establish a zone of isolation for each species of prevariety germplasm of the tested or selected class. The zone must be free from off-type plants and other cross-pollinating species. The Department shall not establish a zone of isolation for any prevariety germplasm of the source identified class.

     (Added to NAC by Dep’t of Agriculture by R174-99, eff. 3-13-2000)

      NAC 587.33995  Inspections; form required for source identified class. (NRS 587.077, 587.083)

     1.  The Department shall conduct at least one field inspection of prevariety germplasm of the tested class that is collected from a natural stand before pollination. At the time of this inspection, the Department shall establish any requirements for the roguing of undesirable plants or compliance with the zone of isolation established pursuant to NAC 587.3399.

     2.  The Department shall conduct at least one field inspection of prevariety germplasm of the tested or selected class immediately before the prevariety germplasm reaches maturity or at the time of harvest of the prevariety germplasm.

     3.  The Department shall conduct at least one inspection of prevariety germplasm of the source identified class that is collected from a natural stand to verify the location of the site of collection, the identification of the prevariety germplasm and the amount of prevariety germplasm collected. The collector of prevariety germplasm of the source identified class that is collected from a natural stand shall complete a form entitled a “certified seed site identification log,” which is available from the Department, for each site at the time of harvest. The collector shall submit the completed form to the Department within 30 days after the harvest.

     (Added to NAC by Dep’t of Agriculture by R174-99, eff. 3-13-2000)

AGRICULTURAL PRODUCTS AND FARM EQUIPMENT

      NAC 587.340  Fees for inspection, grading and certification; security for payment of fees. (NRS 561.153, 587.360)

     1.  The fees for the inspection and certification of potatoes at their point of shipping will be determined by agreement between the State Quarantine Officer and the processor of the potatoes. If those fees will exceed $3,000 in a 30-day period, the processor of the potatoes must provide to the Department a surety bond or another form of security that is satisfactory to the Director to guarantee the payment of the fees for the 30-day period immediately succeeding the date the security is provided. The fees will not be less than:

     (a) The actual cost of providing the inspection and certification services; and

     (b) The fee charged in accordance with the contract between the Department and the Federal Government for certifying that the potatoes comply with the standards and conditions established by the Federal Government.

     2.  The fees for inspection, grading or certification of other agricultural products:

     (a) Are:

          (1) Sixty dollars for each hour the inspector spends conducting the inspection, grading or certification, including the time spent traveling to and from the location where the inspection and certification are conducted;

          (2) The mileage allowance established by the State Board of Examiners for state officers and employees pursuant to subsection 3 of NRS 281.160 for the inspector’s travel; and

          (3) Any fee charged in accordance with the contract between the Department and the Federal Government; and

     (b) Unless they are for a one-time or intermittent inspection, grading or certification, must be secured by providing to the Department a surety bond or another form of security that is satisfactory to the Director to guarantee the payment of the fees for the 90-day period immediately succeeding the date the security is provided.

     3.  In addition to any fees required pursuant to this section, the State Quarantine Officer will charge a fee of $60 for the inspection of products for the presence of noxious weeds.

     4.  Special arrangements, including arrangements for fees, must be made with the State Quarantine Officer for the inspection of agricultural products for processing. The fees for such an inspection must be secured by providing to the Department a surety bond or another form of security that is satisfactory to the Director to guarantee the payment of the fees for the 90-day period immediately succeeding the date the security is provided.

     5.  If the State Quarantine Officer or his or her designee inspects agricultural products in the field for the purpose of issuing a phytosanitary certificate required by the government of a state or of a foreign country before those agricultural products may be exported to that state or country, the State Quarantine Officer will impose a fee of $10 per acre for the inspection.

     6.  If the State Quarantine Officer or his or her designee issues a phytosanitary certificate, an export certificate for processed plant products, a certificate of origin or a free-sale certificate as required by the government of a state or of a foreign country before agricultural products or farm equipment may be exported to that state or country, the State Quarantine Officer:

     (a) Will impose a fee of $40 for each certificate; and

     (b) Will impose any fee required to be collected and passed through to the United States Department of Agriculture.

     7.  As used in this section:

     (a) “Certificate of origin” means a certificate which certifies that the shipment of agricultural products or farm equipment, or any combination thereof, originated in the State of Nevada and that the agricultural products or farm equipment, or combination thereof, is free from infestation in accordance with NRS 561.147.

     (b) “Export certificate for processed plant products” has the meaning ascribed to it in 7 C.F.R. § 353.1.

     (c) “Free-sale certificate” has the meaning ascribed to it in paragraph (d) of subsection 4 of NAC 587.345.

     (d) “Phytosanitary certificate” has the meaning ascribed to it in NRS 555.23575.

     [St. Quarantine Officer, § 1, eff. 8-6-80]—(NAC A 4-27-84; 11-18-93; R124-97, 6-23-98; R034-01, 1-17-2002; R003-02, 5-6-2002; R004-03, 9-24-2003; R029-04, 6-16-2004; R089-07, 6-17-2008; R085-11, 12-30-2011; R019-13, 3-28-2014; A by Dep’t of Agriculture by R099-20, eff. 4-11-2022)

      NAC 587.345  Federal phytosanitary, state phytosanitary and free-sale certificates, export certificate for processed plant products and certificate of origin: Issuance; revocation; fee. (NRS 561.153, 587.360)

     1.  The State Quarantine Officer or his or her designee may issue:

     (a) A federal phytosanitary certificate.

     (b) A state phytosanitary certificate.

     (c) A free-sale certificate.

     (d) An export certificate for processed plant products.

     (e) A certificate of origin.

     2.  If the State Quarantine Officer or his or her designee determines that an applicant for a federal phytosanitary certificate, state phytosanitary certificate, export certificate for processed plant products, certificate of origin or free-sale certificate issued pursuant to subsection 1 provided inaccurate information in conjunction with the application for that certificate, the State Quarantine Officer or his or her designee may revoke that certificate.

     3.  In addition to any other applicable fees, the State Quarantine Officer or his or her designee will impose a fee of $40 for the issuance of each federal phytosanitary certificate, state phytosanitary certificate, export certificate for processed plant products, certificate of origin or free-sale certificate that replaces a certificate revoked pursuant to subsection 2.

     4.  As used in this section:

     (a) “Certificate of origin” means a certificate which certifies that the shipment of agricultural products or farm equipment, or any combination thereof, originated in the State of Nevada and that the agricultural products or farm equipment, or combination thereof, is free from infestation in accordance with NRS 561.147.

     (b) “Export certificate for processed plant products” has the meaning ascribed to it in 7 C.F.R. § 353.1.

     (c) “Federal phytosanitary certificate” means a phytosanitary certificate issued pursuant to federal law.

     (d) “Free-sale certificate” means a certificate that certifies that the plants or plant products being exported are the same type of plants or plant products freely marketed and for sale in the State of Nevada.

     (e) “State phytosanitary certificate” means a phytosanitary certificate that documents the origin and, if required, the inspection of plants and unprocessed or unmanufactured plant products that do not qualify for a federal phytosanitary certificate.

     (Added to NAC by St. Quarantine Officer by R004-03, eff. 9-24-2003; A by R089-07, 6-17-2008; R019-13, 3-28-2014; A by Dep’t of Agriculture by R099-20, 4-11-2022)

      NAC 587.350  Nevada standard potatoes: Standards for classification and grading. (NRS 587.550, 587.570)

     1.  Nevada standard potatoes consist of one variety or are potatoes of similar varietal characteristics which:

     (a) Are not seriously misshapen;

     (b) Are free from freezing injury, black heart, late blight, southern bacterial wilt, ring rot, soft rot and wet breakdown;

     (c) Are free from serious damage caused by external defects from air cracks, bruises, dirt, enlarged lenticels, discoloration, flea beetle injury, greening, rhizoctonia, scab, sunburn, second growth, growth cracks, wireworm or grass damage, insect or worm damage, cuts (except that potatoes with clipped ends will be scored against the tolerance for external defects); and

     (d) Are free from serious damage of internal defects caused by hollow heart, ingrown sprouts and internal discoloration.

     2.  Nevada standard potatoes must meet the requirements for the grade of U.S. No. 2 if they do not have clipped ends. They must be not less than 2 inches in diameter or 4 ounces in weight, except as provided in this section. At least 40 percent of the potatoes by weight in the lot must be 6 ounces or larger.

     3.  To allow for variations incident to proper grading and handling, not more than 10 percent of the Nevada standard potatoes in any lot may be below the requirements of the grade and not more than the following percentages are allowed for the defects listed:

     (a) Six percent for external defects.

     (b) Six percent for internal defects.

     (c) One percent for soft rot or wet breakdown.

     4.  Not more than 3 percent of the Nevada standard potatoes in any container may be below the minimum size except that a tolerance of 5 percent is allowed for potatoes packed to meet a minimum size of 6 ounces or larger. A further requirement is that not more than 2 percent of the potatoes may be smaller than 2 inches in diameter or 4 ounces in weight.

     5.  Individual samples of Nevada standard potatoes must not have more than 1 1/2 times the tolerances specified, except that at least one defective and one offsize potato may be permitted in any sample if the averages for the entire lot are within the tolerances specified.

     [Dep’t of Agriculture Reg., 87.51, eff. 3-1-73; A 5-15-73; 8-6-80]

      NAC 587.355  Potatoes: Adoption by reference of United States standards; exception. (NRS 561.105, 587.390, 587.550, 587.570)

     1.  The United States Standards for Grades of Potatoes set forth in 7 C.F.R. §§ 51.1540 to 51.1566, inclusive, as those sections existed on March 27, 1991, are adopted by reference as the standards for grades of potatoes in Nevada, except for the minimum diameter size and weight of a U.S. No. 1 potato. The minimum diameter size and weight of a U.S. No. 1 potato in Nevada are 2 inches and 4 ounces, respectively.

     2.  These standards may be acquired from the Department at no cost.

     [Dep’t of Agriculture Reg., § 2, 8-6-80]—(NAC A by Bd. of Agriculture, 7-10-96; A by St. Quarantine Officer by R123-02, 11-4-2002)

      NAC 587.359  Onions: Adoption of United States standards. (NRS 561.105, 587.550, 587.580)

     1.  The “United States Standards for Grades of Bermuda-Granex-Grano Type Onions” set forth in 7 C.F.R. §§ 51.3195 to 51.3209, inclusive, as amended by 60 Fed. Reg. 46976 (1995), and the “United States Standards for Grades of Onions (Other Than Bermuda-Granex-Grano and Creole Types)” set forth in 7 C.F.R. §§ 51.2830 to 51.2854, inclusive, as amended by 60 Fed. Reg. 46976 (1995), are adopted by reference as the standards for grades of onions in Nevada.

     2.  These standards may be acquired from the Department at no cost.

     [Dep’t of Agriculture Reg., §§ 2 & 3, eff. 8-6-80]—(NAC A by Bd. of Agriculture, 7-10-96)—(Substituted in revision for NAC 587.410)

STANDARDS FOR CERTIFICATION OF SEED POTATOES

      NAC 587.364  Definitions. (NRS 587.077, 587.083)  As used in NAC 587.364 to 587.444, inclusive, unless the context otherwise requires, the words and terms defined in NAC 587.366 to 587.406, inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Dep’t of Agriculture by R036-01, eff. 10-17-2001; A by R031-06, 6-28-2006)

      NAC 587.366  “Applicant” defined. (NRS 587.077, 587.083)  “Applicant” means the person or entity that submits an application for certification.

     (Added to NAC by Dep’t of Agriculture by R036-01, eff. 10-17-2001)

      NAC 587.368  “Bacterial ring rot” defined. (NRS 587.077, 587.083)  “Bacterial ring rot” means the disease caused by the bacterium Clavibacter michiganense ssp. sepedonicum.

     (Added to NAC by Dep’t of Agriculture by R036-01, eff. 10-17-2001)

      NAC 587.372  “Blackleg” defined. (NRS 587.077, 587.083)  “Blackleg” means the disease caused by the bacterium Erwinia carotovora ssp. atroseptica or Erwinia carotovora ssp. carotovora.

     (Added to NAC by Dep’t of Agriculture by R036-01, eff. 10-17-2001)

      NAC 587.374  “Certified seed potatoes” defined. (NRS 587.077, 587.083)  “Certified seed potatoes” means a seed lot that has complied with the requirements of NAC 587.364 to 587.444, inclusive.

     (Added to NAC by Dep’t of Agriculture by R036-01, eff. 10-17-2001)

      NAC 587.376  “Corky ring spot” defined. (NRS 587.077, 587.083)  “Corky ring spot” means the disease caused by the tobacco rattle virus.

     (Added to NAC by Dep’t of Agriculture by R036-01, eff. 10-17-2001)

      NAC 587.378  “Field” defined. (NRS 587.077, 587.083)  “Field” means the land on which seed stock is planted.

     (Added to NAC by Dep’t of Agriculture by R036-01, eff. 10-17-2001)

      NAC 587.382  “Field inspection” defined. (NRS 587.077, 587.083)  “Field inspection” means inspecting a planting.

     (Added to NAC by Dep’t of Agriculture by R036-01, eff. 10-17-2001)

      NAC 587.383  “Golden nematodes” defined. (NRS 587.077, 587.083)  “Golden nematodes” means the plant parasitic nematodes Heterodera rostochiensis.

     (Added to NAC by Dep’t of Agriculture by R031-06, eff. 6-28-2006)

      NAC 587.384  “Late blight” defined. (NRS 587.077, 587.083)  “Late blight” means the disease caused by the fungus Phytopthora infestans.

     (Added to NAC by Dep’t of Agriculture by R036-01, eff. 10-17-2001)

      NAC 587.386  “Planting” defined. (NRS 587.077, 587.083)  “Planting” means a planted crop of seed potatoes that is produced from one variety and generation of seed stock.

     (Added to NAC by Dep’t of Agriculture by R036-01, eff. 10-17-2001)

      NAC 587.388  “Postharvest test” defined. (NRS 587.077, 587.083)  “Postharvest test” means the testing of tubers that are submitted from a seed lot after a harvest to check the growth and disease content before that seed lot is planted to produce another generation of seed potatoes.

     (Added to NAC by Dep’t of Agriculture by R036-01, eff. 10-17-2001)

      NAC 587.392  “Recertification” defined. (NRS 587.077, 587.083)  “Recertification” means the process of certifying a seed lot that was certified the previous year and produced from a seed lot of a lower generation.

     (Added to NAC by Dep’t of Agriculture by R036-01, eff. 10-17-2001)

      NAC 587.394  “Rhizomania” defined. (NRS 587.077, 587.083)  “Rhizomania” means the viral disease of sugar beets that is transmitted by a fungus which inhabits the soil.

     (Added to NAC by Dep’t of Agriculture by R036-01, eff. 10-17-2001)

      NAC 587.396  “Rogue” defined. (NRS 587.077, 587.083)  “Rogue” means to remove from a planting and destroy undesirable potato vines and tubers.

     (Added to NAC by Dep’t of Agriculture by R036-01, eff. 10-17-2001)

      NAC 587.398  “Root-knot nematode” defined. (NRS 587.077, 587.083)  “Root-knot nematode” means the plant parasitic nematodes Meloidogyne hapla or Meloidogyne chitwoodii.

     (Added to NAC by Dep’t of Agriculture by R036-01, eff. 10-17-2001)

      NAC 587.402  “Seed farm” defined. (NRS 587.077, 587.083)  “Seed farm” means an independent farming operation, including all facilities, equipment and operating personnel, that is managed separately for the production of certified seed potatoes.

     (Added to NAC by Dep’t of Agriculture by R036-01, eff. 10-17-2001)

      NAC 587.404  “Seed lot” defined. (NRS 587.077, 587.083)  “Seed lot” means a harvested crop of seed potatoes that is produced from one variety and generation of seed stock.

     (Added to NAC by Dep’t of Agriculture by R036-01, eff. 10-17-2001)

      NAC 587.406  “Seed stock” defined. (NRS 587.077, 587.083)  “Seed stock” means seed potatoes that are intended for use as a planting source.

     (Added to NAC by Dep’t of Agriculture by R036-01, eff. 10-17-2001)

      NAC 587.408  Eligibility: Certification Program; partial withdrawal from Program during growing season. (NRS 587.077, 587.083)

     1.  To be eligible to produce certified seed potatoes, all plantings on a farm on which seed potatoes are planted must be entered and maintained in the Certification Program.

     2.  If any planting or portion of a planting is withdrawn from the Certification Program during the growing season, the remaining portion is not eligible to produce certified seed potatoes unless the Department approves certification.

     (Added to NAC by Dep’t of Agriculture by R036-01, eff. 10-17-2001)

      NAC 587.412  Eligibility: Standards for seed stock. (NRS 587.077, 587.083)

     1.  For a planting to be eligible to produce certified seed potatoes:

     (a) A grower shall plant a variety of seed stock that has been approved by the Department; and

     (b) All seed stock that is planted must:

          (1) Be identified by a certification tag or other documentation showing the generation of the seed stock.

          (2) Be planted at least 20 feet from a planting not entered for certification.

          (3) If certified by another certification agency, satisfy the same or similar requirements as seed stock produced in this State.

     2.  The Department will not certify seed stock that is produced from generation 5 seed stock.

     3.  When two or more varieties or generations of seed stock are planted in the same field, each planting entered for certification must be marked at the boundaries of the planting by steel posts or large wooden stakes that are tall enough to be visible above the planting.

     (Added to NAC by Dep’t of Agriculture by R036-01, eff. 10-17-2001)

      NAC 587.414  Eligibility: Diseases and other factors making planting ineligible; required protective and corrective measures. (NRS 587.077, 587.083)

     1.  A planting is not eligible to produce certified seed potatoes if any of the following diseases have been proven to exist in the field or in potatoes grown in the field:

     (a) Root-knot nematode.

     (b) Corky ring spot.

     (c) Rhizomania.

     2.  In addition to the provisions of subsection 1, a planting is not eligible to produce certified seed potatoes unless, before the planting:

     (a) The person conducting the planting submits to the Department a plan for the management of golden nematodes and any necrotic viruses that affect potatoes; and

     (b) The Department approves the plan.

     3.  A plan submitted pursuant to subsection 2 may include, without limitation:

     (a) Any survey of the planting;

     (b) Any record of inspection of the planting; and

     (c) Any other information specified by the Department.

     4.  A field is not eligible to produce certified seed potatoes if any of the following potatoes were grown in the field during the previous growing season:

     (a) Noncertified potatoes.

     (b) Potatoes proven to be infected with bacterial ring rot.

     5.  For a planting to be eligible to produce certified seed potatoes, if noncertified potatoes or potatoes proven to be infected with bacterial ring rot were grown in the field, the grower must farm the field with a crop other than potatoes immediately following the growing season during which the noncertified or infected potatoes were grown.

     6.  For a planting to be eligible to produce certified seed potatoes, the grower must:

     (a) Rogue all diseased and off-type plants during the growing season;

     (b) Remove from the planting and destroy all rogued plants, seed pieces, new tubers and off-type plants; and

     (c) Not rogue plants infected with bacterial ring rot.

     (Added to NAC by Dep’t of Agriculture by R036-01, eff. 10-17-2001; A by R031-06, 6-28-2006)

      NAC 587.416  Application for certification; contents and submission requirements. (NRS 587.077, 587.083)

     1.  For each planting, an applicant must submit to the Department an application for certification.

     2.  Each application must:

     (a) Be on a form obtained from the Department;

     (b) List all sources of the seed stock planted;

     (c) Include documentation that verifies the eligibility of the seed stock planted;

     (d) Include a map that shows the location of the farm and the planting;

     (e) Include any other information requested by the Department;

     (f) Be received by the Department on or before May 15 of the year the seed stock is planted; and

     (g) Be accompanied by the certification fees.

     (Added to NAC by Dep’t of Agriculture by R036-01, eff. 10-17-2001)

      NAC 587.418  Fee for certification; refund. (NRS 587.077, 587.083)

     1.  For each planting, the Department will charge and collect a certification fee of $35 per acre with a minimum charge of $40 per application.

     2.  Checks must be payable to the “Nevada State Department of Agriculture.”

     3.  An applicant must pay the certification fee set forth in subsection 1:

     (a) On or before May 15 of the year in which the seed stock is planted; or

     (b) If the seed stock is planted after May 15, not later than 5 days after the date on which the seed stock is planted.

     4.  The Department will refund the certification fees paid for any planting that is withdrawn from certification if the request for a refund is submitted in writing to the Department before the first field inspection.

     (Added to NAC by Dep’t of Agriculture by R036-01, eff. 10-17-2001; A by R099-20, 4-11-2022)

      NAC 587.422  Classification of generations. (NRS 587.077, 587.083)  Generations of certified seed potatoes are classified as follows:

 

 

     (Added to NAC by Dep’t of Agriculture by R036-01, eff. 10-17-2001)

      NAC 587.424  Pesticides. (NRS 587.077, 587.083)  After each application of a pesticide to a planting, the grower shall notify the Department and provide the name of the pesticide and the date it was applied.

     (Added to NAC by Dep’t of Agriculture by R036-01, eff. 10-17-2001)

      NAC 587.426  Disqualification for noncompliance. (NRS 587.077, 587.083)  A seed lot, planting or portion of a planting may be disqualified from certification if a person fails to comply with any of the provisions of NAC 587.364 to 587.444, inclusive.

     (Added to NAC by Dep’t of Agriculture by R036-01, eff. 10-17-2001)

      NAC 587.428  Inspection of planting; frequency; conditions preventing adequate inspection; standards for disease tolerance levels. (NRS 587.077, 587.083)

     1.  The Department may inspect a planting at any time.

     2.  The Department will make at least two field inspections during the growing stage of the planting. The Department may make additional inspections, but not for the purpose of allowing a grower to rogue a planting that will not pass inspection.

     3.  The Department may disqualify a planting from certification if any condition prevents adequate inspection of the planting. Such conditions include, without limitation:

     (a) Excessive weed growth.

     (b) Disease.

     (c) Weather.

     (d) Chemical damage.

     (e) Another environmental condition.

     4.  To be eligible to produce certified seed potatoes, a planting must not exceed the maximum percentage of disease tolerance for each factor for the generation of seed potato produced.

     5.  Disease tolerances are established only for diseased plants showing visible symptoms, but serological tests such as ELISA may be used to confirm the presence of disease on plant samples taken from the planting. Disease tolerances are based on the following symptoms:

     (a) Visual symptoms at the time of field inspections.

     (b) For blackleg, the presence of a typical, inky black stem originating from the tuber.

     (c) For bacterial ring rot, visual symptoms that are confirmed by laboratory diagnosis.

     6.  During the first field inspection, a planting must not exceed the following maximum percentages of disease tolerances for the generation of seed potatoes produced:

 

 

     7.  During the second field inspection, a planting must not exceed the following maximum percentages of disease tolerances for the generation of seed potatoes produced:

 

 

     8.  A finding of 0.00 percent of disease tolerance means that none must be found during normal inspection procedures, but such a finding does not guarantee that all plants in the planting are free from the disease.

     9.  When a planting exceeds the disease tolerances for the generation of seed potatoes produced, the Department will classify the seed potatoes as the next higher generation for which the seed potatoes do not exceed the disease tolerances.

     10.  As used in this section:

     (a) “ELISA” means enzyme linked immunosorbent assay.

     (b) “Total visible viruses” means the combined percentages of disease tolerances of potato leaf roll virus, well-defined mosaic, calico and all other viral, viroid and mycoplasma-like diseases, including haywire, witches’ broom and aster yellows.

     (Added to NAC by Dep’t of Agriculture by R036-01, eff. 10-17-2001)

      NAC 587.432  Disqualification upon finding of bacterial ring rot or new disease detrimental to potatoes. (NRS 587.077, 587.083)

     1.  When bacterial ring rot is detected in a planting or seed lot, the Department:

     (a) Will disqualify the planting or seed lot from certification; and

     (b) Will disqualify from certification all plantings and seed lots grown by the seed farm from the same seed source, even if infected and uninfected plantings and seed lots are grown in different fields on the same seed farm or on different seed farms.

     2.  The Department may disqualify a planting or seed lot from certification if the Department detects any new disease in the planting or seed lot and determines that the disease is detrimental to potatoes in this State.

     (Added to NAC by Dep’t of Agriculture by R036-01, eff. 10-17-2001)

      NAC 587.434  Chemical treatment or contamination of planting; postharvest testing; isolation of contaminated portion of planting. (NRS 587.077, 587.083)

     1.  If a planting is treated or contaminated with a chemical that causes seed-borne injury to seed potatoes, the Department may:

     (a) Withhold certification pending the outcome of a postharvest test; or

     (b) Refuse to certify a planting or portion of a planting.

     2.  If the Department determines that a planting may have suffered chemical damage, the Department will:

     (a) Collect a separate sample from the planting that may have suffered chemical damage to conduct a postharvest test; and

     (b) Withhold certification until the postharvest test is complete.

     3.  If a portion of a planting does not show enough chemical injury to prevent or interfere with an inspection of the planting but is contaminated to a degree that seed-borne chemical injury may occur in the next planting, the contaminated portion of the planting must be harvested and stored separately from the noncontaminated portion of the planting.

     (Added to NAC by Dep’t of Agriculture by R036-01, eff. 10-17-2001)

      NAC 587.436  Inspection of seed lots; eligibility for certification; maintenance of proper sanitation. (NRS 587.077, 587.083)

     1.  The Department will inspect all seed lots that remain eligible for certification after both field inspections.

     2.  To be eligible for certification, each seed lot must:

     (a) Be stored in a storage facility that is available for inspection by the Department at any time.

     (b) Be harvested, transported, graded and stored in a manner that will prevent intermixing with other potatoes.

     (c) Be identified throughout the period of storage.

     (d) Be stored in a storage facility that is sanitized.

     (e) Not be stored, graded or handled in a storage facility in which potatoes that were not field inspected are stored or handled.

     (f) Not be stored, graded or handled in a storage facility in which potatoes that are known to have bacterial ring rot, root-knot nematode or corky ring spot are stored or handled.

     (g) Not be stored in a storage facility in which sprout-inhibiting materials were used the previous season.

     (h) Not be washed.

     3.  To prevent the contamination of seed lots and the spread of disease, the grower is responsible for maintaining proper sanitation of all handling equipment and storage areas.

     (Added to NAC by Dep’t of Agriculture by R036-01, eff. 10-17-2001)

      NAC 587.438  Postharvest testing of seed lots; submission of samples; disease tolerance levels for seed lots. (NRS 587.077, 587.083)

     1.  The Department will conduct a postharvest test on each seed lot that has passed both field inspections.

     2.  For each seed lot, the grower must submit to the Department samples for the postharvest test. The samples must:

     (a) Contain only single drop tubers of not more than 2 ounces;

     (b) Be randomly selected so as to adequately represent the entire seed lot; and

     (c) Be submitted in bags weighing not more than 50 pounds each.

     3.  For each seed lot, the grower must submit to the Department the following number of samples:

 

 

     4.  To be eligible for certification or recertification, a seed lot must not exceed the following maximum percentages of disease tolerances:

 

 

     (Added to NAC by Dep’t of Agriculture by R036-01, eff. 10-17-2001)

      NAC 587.442  Standards for certification of seed lots; standards for grade of U.S. No. 1 seed potatoes in Nevada. (NRS 587.077, 587.083)

     1.  To be eligible for certification, each seed lot must satisfy:

     (a) Current requirements for the grade of U.S. No. 1 seed potatoes established by the United States Department of Agriculture; or

     (b) Contract grade requirements, including:

          (1) All conditions and requirements of grade established by an agreement between a buyer and seller;

          (2) Not more than 1 percent each of late blight, soft rot or wet breakdown;

          (3) Not more than 1 percent each of dirt or debris; and

          (4) No bacterial ring rot or root-knot nematode, based on visible, external symptoms.

     2.  The United States standards for the grades of seed potatoes set forth in 7 C.F.R. §§ 51.3000 to 51.3006, inclusive, as those sections existed on March 6, 1987, are adopted by reference as the standards for the grade of U.S. No. 1 seed potatoes in this State. The standards may be obtained from the Department free of charge.

     (Added to NAC by Dep’t of Agriculture by R036-01, eff. 10-17-2001)

      NAC 587.444  Certification tags; requirement for new sacks. (NRS 587.077, 587.083)

     1.  For each container of certified seed potatoes that meets all the requirements for certification, the Department will issue one of the following certification tags:

     (a) A blue tag for certified seed potatoes which meet the current requirements for the grade of U.S. No. 1 seed potatoes established by the United States Department of Agriculture.

     (b) A yellow tag for certified seed potatoes which meet the contract grade requirements set forth in paragraph (b) of subsection 1 of NAC 587.442.

     2.  The Department will attach a certification tag to each vehicle that will transport bulk shipments of certified seed potatoes. The certification tag will contain an official seal and will be attached in such a manner that the unloading mechanism cannot operate without breaking the seal.

     3.  New sacks must be used for all certified seed potatoes that are sacked.

     (Added to NAC by Dep’t of Agriculture by R036-01, eff. 10-17-2001)

STANDARDS FOR CERTIFICATION OF AGRICULTURAL HEMP SEED

      NAC 587.450  Definitions. (NRS 557.260, 587.077, 587.083)  As used in NAC 587.450 to 587.491, inclusive, unless the context otherwise requires, the words and terms defined in NAC 587.453 to 587.463, inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Dep’t of Agriculture by R066-17, eff. 5-16-2018)

      NAC 587.453  “Agricultural hemp seed” defined. (NRS 557.260, 587.077, 587.083)  “Agricultural hemp seed” has the meaning ascribed to it in NRS 557.110.

     (Added to NAC by Dep’t of Agriculture by R066-17, eff. 5-16-2018)

      NAC 587.455  “Crop” defined. (NRS 557.260, 587.077, 587.083)  “Crop” has the meaning ascribed to it in NRS 557.120.

     (Added to NAC by Dep’t of Agriculture by R066-17, eff. 5-16-2018)

      NAC 587.458  “Industrial hemp” defined. (NRS 557.260, 587.077, 587.083)  “Industrial hemp” has the meaning ascribed to it in NRS 557.040.

     (Added to NAC by Dep’t of Agriculture by R066-17, eff. 5-16-2018)

      NAC 587.460  “Producer” defined. (NRS 557.260, 587.077, 587.083)  “Producer” has the meaning ascribed to it in NRS 557.170.

     (Added to NAC by Dep’t of Agriculture by R066-17, eff. 5-16-2018)

      NAC 587.463  “THC” defined. (NRS 557.260, 587.077, 587.083)  “THC” has the meaning ascribed to it in NRS 453.139.

     (Added to NAC by Dep’t of Agriculture by R066-17, eff. 5-16-2018; A by R011-21, 10-25-2021)

      NAC 587.470  Applicability of general standards. (NRS 557.260, 587.077, 587.083)  The general standards for certification of agricultural hemp seed as adopted by the Department and NAC 587.450 to 587.491, inclusive, govern the certification of agricultural hemp seed.

     (Added to NAC by Dep’t of Agriculture by R066-17, eff. 5-16-2018)

      NAC 587.475  Requirements for land; designation as breeder seed. (NRS 557.260, 587.077, 587.083)

     1.  Except as otherwise provided in subsection 4, an agricultural hemp seed crop that is grown for certification pursuant to NAC 587.450 to 587.491, inclusive, must not be planted on land on which the previous agricultural hemp seed crop grown was of the same kind, unless the previous agricultural hemp seed crop grown was of the same variety and met all of the requirements for the same or a higher class of agricultural hemp seed.

     2.  Each application for certification of an agricultural hemp seed crop must indicate the types of agricultural hemp seed crops, if any, grown on the land during the previous 3 years.

     3.  At least 2 years must elapse between the destruction of any variety of agricultural hemp seed crop of dissimilar adaptation on the land and the establishment of a new stand for the production of agricultural hemp seed for certification on the land.

     4.  An agricultural hemp seed crop that is grown for designation as breeder seed may be accepted upon approval by the Department. A breeder class of agricultural hemp seed crop must not be planted on land on which the previous 10 crops were industrial hemp of any kind.

     (Added to NAC by Dep’t of Agriculture by R066-17, eff. 5-16-2018)

      NAC 587.477  Requirements for isolation; request for variance. (NRS 557.260, 587.077, 587.083)

     1.  Each isolation area required pursuant to subsection 4 must be kept free of industrial hemp plants and must be in place before the time of flowering and inspection of the agricultural hemp seed crop. Not more than three plants for each 11 square feet of harmful contaminating plants are authorized within the required isolation distance adjacent to the inspected crop pursuant to subsection 3. The condition of each crop must be assessed by the certifying agency, which may alter this standard by reducing the number of harmful contaminating plants permitted per square yard based upon the risk of contamination of such plants.

     2.  If a dioecious male industrial hemp plant begins to flower before the plant is removed from the field in which it is grown, each industrial hemp plant must be destroyed for a radius of 10 feet for foundation seed and 6 feet for registered seed.

     3.  The minimum distance a field of industrial hemp must be from a different variety of industrial hemp or a field of the same variety of industrial hemp that does not meet the requirements for the same class designation is:

 

 

     4.  Except as otherwise provided in this subsection, each agricultural hemp seed crop that is entered for certification must be grown at least 5 miles from any area in which any marijuana is cultivated. Upon request by a person, the Department may grant a variance relating to isolation areas concerning indoor versus outdoor cultivation of cannabis.

     (Added to NAC by Dep’t of Agriculture by R066-17, eff. 5-16-2018)

      NAC 587.480  Inspection of crops; notice to Department; standards for inspection; collection of samples. (NRS 557.260, 587.077, 587.083)

     1.  The Department will inspect an agricultural hemp seed crop after female flowers are produced.

     2.  Each producer must notify the Department of the appropriate date, as determined by the producer, for inspection of each crop pursuant to subsection 1. The notice must be provided at least 2 weeks in advance of that date.

     3.  A field of agricultural hemp seed crops entered for certification must show evidence of control of:

     (a) Any contaminating crops of plants or varieties of those plants; and

     (b) Any objectionable or noxious weeds specified by the Department.

     4.  Any variety of industrial hemp of the monoecious gender must show evidence of control of:

     (a) Any contaminating gender that exceeds the amount of the varietal designation; and

     (b) A deviation from the varietal characteristic relating to monoecious or dioecious genders of 10 percent or less.

     5.  The Department will collect one sample of an agricultural hemp seed crop per year when the flower is at maximum maturity to analyze the crop to determine the total amount of THC in the crop. The Department will use the following method to take each sample:

     (a) Of each plant sampled, the top 6 inches of the female flower will be harvested;

     (b) A total of 10 plants per field and per variety will be sampled in a manner that is proportionate with the designated field;

     (c) Each sample will be contained in a single sealable plastic bag;

     (d) Latex or nitrile gloves will be worn when sampling and sterilized or exchanged upon entering different fields; and

     (e) Each sample of an agricultural hemp seed crop will be labeled according to date, producer, species, variety and sample number of the crop.

     (Added to NAC by Dep’t of Agriculture by R066-17, eff. 5-16-2018)

      NAC 587.483  Eligibility for certification; circumstances under which destruction of crop ordered. (NRS 557.260, 587.077, 587.083)

     1.  Except as otherwise provided in this section, an agricultural hemp seed crop must meet the following tolerances to be eligible for certification:

 

 

     2.  If any concentration of THC exceeds 0.3 percent on a dry weight basis, the Department will disqualify the crop for certification and will destroy the crop.

     3.  Any plant of the genus Cannabis sativa L., other than a variety of industrial hemp, is prohibited within the field in which the agricultural hemp seed crop is grown. If such a plant is detected during inspection, the Department will order the destruction of the crop.

     (Added to NAC by Dep’t of Agriculture by R066-17, eff. 5-16-2018)

      NAC 587.485  Limits of impurities in crop. (NRS 557.260, 587.077, 587.083)

     1.  Any impurity in an agricultural hemp seed crop which exceeds the limits set forth in subsection 3 must be removed before the Department inspects the crop.

     2.  The Department may refuse to certify an agricultural hemp seed crop based upon any combination of impurities found in the crop.

     3.  An agricultural hemp seed crop grown for certification must not, unless otherwise specified by the breeder of the crop, exceed the limits of any impurities set forth in the following table:

 

 

     4.  To determine the amount of any impurities in an agricultural hemp seed crop pursuant to subsection 3, the Department will make at least six counts of the crop which will consist of 10,000 plants for each count or the equivalent thereof as determined by the Department. After counting the crop pursuant to this subsection, the Department will average the counts to determine the total amount of impurities in the agricultural hemp seed crop.

     5.  As used in this section, “impurity” includes, without limitation:

     (a) Any species of plant which may cross-pollinate with an agricultural hemp seed crop;

     (b) Any variety of industrial hemp other than an agricultural hemp seed crop which is subject to inspection;

     (c) Any distinct type of industrial hemp that is foreign to an agricultural hemp seed crop which is subject to inspection; and

     (d) Any weed or other crop which produces seeds that are difficult to separate from an agricultural hemp seed crop which is subject to inspection, including, without limitation, hemp nettle (Galeopsis tatrahit).

     (Added to NAC by Dep’t of Agriculture by R066-17, eff. 5-16-2018)

      NAC 587.487  Sampling of seed entered for certification; minimum standards. (NRS 557.260, 587.077, 587.083)  Each lot of agricultural hemp seed entered for certification must be sampled and meet the minimum standards for the class of agricultural hemp seed produced. The Department will draw samples in accordance with NAC 587.180 and 587.190 which must meet the following standards:

 

 

     (Added to NAC by Dep’t of Agriculture by R066-17, eff. 5-16-2018)

      NAC 587.489  Application for certification; contents and submission requirements; fees. (NRS 557.260, 587.077, 587.083)

     1.  An applicant must submit to the Department an application for certification for each planting of an agricultural hemp seed crop.

     2.  Each application submitted pursuant to subsection 1 must:

     (a) Be submitted on a form furnished by the Department;

     (b) List all sources of the agricultural hemp seed stock planted;

     (c) Include documentation that verifies the eligibility for certification of the agricultural hemp seed stock planted;

     (d) Include a map setting forth the location of the land and the planting of the agricultural hemp seed crop;

     (e) Be received by the Department on or before June 1 of the year the agricultural hemp seed stock is planted;

     (f) Include any other information required by the Department; and

     (g) In addition to any fee imposed pursuant to subsection 3, be accompanied by any fees for certification set forth in NAC 587.491.

     3.  If the Department receives an application for certification of an agricultural hemp seed crop after June 1 of the year the agricultural hemp seed stock is planted, the Department will add a fee of $100 to submit the application.

     (Added to NAC by Dep’t of Agriculture by R066-17, eff. 5-16-2018)

      NAC 587.491  Fees; refund. (NRS 557.200, 557.260, 587.077, 587.083)

     1.  In addition to any other fee charged and collected pursuant to this chapter, the Department will collect the following fees:

     (a) For an application for registration or renewal of registration as a producer, a nonrefundable application fee of $100 and an additional fee of:

          (1) For each acre or portion thereof on an outdoor site used for producing agricultural hemp seed, $5; and

          (2) For each 1,000 square feet or portion thereof of an indoor site used for producing agricultural hemp seed, 33 cents;

     (b) For inspecting a site used for producing agricultural hemp seed:

          (1) A fee of not more than $60 per hour for each hour an inspector spends conducting the inspection, including the time spent traveling to and from the site; and

          (2) The mileage reimbursement rate established by the State Board of Examiners for state officers and employees pursuant to subsection 3 of NRS 281.160 for the inspector’s travel to and from the site;

     (c) For making a revision to an issued registration, $150; and

     (d) For each planting of an agricultural hemp seed crop:

          (1) A certification fee of $15 per acre; and

          (2) A minimum fee of $50 for each application for certification.

     2.  Checks must be payable to the Nevada State Department of Agriculture.

     3.  Each applicant must pay the fee for certifying an agricultural hemp seed crop:

     (a) On or before June 1 of the year in which the agricultural hemp seed stock is planted; or

     (b) If the agricultural hemp seed stock is planted after June 1 of that year, not later than 5 days after the date on which the agricultural hemp seed stock is planted.

     4.  The Department will refund any fee paid by an applicant for certifying an agricultural hemp seed crop for any planting that is withdrawn from certification if the applicant submits a written request for a refund of the fee before the Department conducts the first inspection of the field in which the agricultural hemp seed crop is planted.

     (Added to NAC by Dep’t of Agriculture by R066-17, eff. 5-16-2018; A by R011-21, 10-25-2021)

COMMERCIAL FEEDS

      NAC 587.500  Definitions. (NRS 587.680)

     1.  As used in NAC 587.500 to 587.630, inclusive, unless the context otherwise requires:

     (a) “Association” means the Association of American Feed Control Officials.

     (b) “Brand name” means any word, name, symbol or device, or any combination thereof, identifying the commercial feed of a distributor and distinguishing it from that of another.

     (c) “Distribute” means to offer for sale, sell, exchange or barter commercial feeds.

     (d) “Drug” means any article intended for use in the diagnosis, cure, mitigation, treatment or prevention of diseases in animals other than humans and articles other than feed intended to affect the structure or function of the animal body.

     (e) “Ingredient” means one of the constituent materials making up a commercial feed.

     (f) “Label” means a display of written, printed or graphic matter upon or affixed to the container in which a commercial feed is distributed.

     (g) “Labeling” means all labels or other written, printed or graphic matter upon a commercial feed or any of its containers or wrapper or accompanying the commercial feed.

     (h) “Mineral feed” means a commercial feed intended to supply primarily mineral elements or inorganic nutrients.

     (i) “Official sample” means a sample of feed taken by the Director or his or her agent.

     (j) “Percent” or “percentage” means percentage by weight.

     (k) “Product name” means the name of the commercial feed which identifies it as to kind, class or specific use.

     2.  The names and definitions for commercial feeds are the Official Definitions of Feed Ingredients adopted by the Association, except as the Director designates otherwise in specific cases.

     3.  The terms used in reference to commercial feeds shall be the official feed terms adopted by the Association, except as the Director designates otherwise in specific cases.

     [Dep’t of Agriculture Reg., 87.70, eff. 10-1-74]

      NAC 587.510  Labels: Contents. (NRS 587.680)  Commercial feeds must be labeled with the information prescribed in this regulation on the principal display panel of the product and in the following general format:

     1.  Net weight.

     2.  Product name and brand name, if any.

     3.  If drugs are used:

     (a) The word “medicated” must appear directly following and below the product name in type size no smaller than one-half the type size of the product name.

     (b) The purpose of medication (claim statement).

     (c) The required direction for use and precautionary statements or reference to their location if the detailed feeding directions and precautionary statements required by this chapter appear elsewhere on the label.

     (d) An active drug ingredient statement listing the active drug ingredients by their established name and the amounts in accordance with NAC 587.550.

     4.  The guaranteed analysis of the feed as required under the provisions of section 4 of the act must include the following items, in the order listed unless otherwise exempted:

     (a) Minimum percentage of crude protein.

     (b) Maximum percentage of equivalent protein from nonprotein nitrogen as required in NAC 587.590.

     (c) Minimum percentage of crude fat.

     (d) Maximum percentage of crude fiber.

     (e) Minerals, to include, in the following order:

          (1) Minimum and maximum percentages of calcium (Ca);

          (2) Minimum percentages of phosphorus (P);

          (3) Minimum and maximum percentages of salt (NaCl); and

          (4) Other minerals.

     (f) Vitamins in such terms as specified in NAC 587.540.

     (g) Total sugars as invert on dried molasses products or products being sold primarily for their molasses content.

     (h) Exemptions:

          (1) Guarantees for minerals are not required when specific label claims are absent and when the commercial feed contains less than 6 1/2 percent of mineral elements.

          (2) Guarantees for vitamins are not required when the commercial feed is neither formulated for nor represented in any manner as a vitamin supplement.

          (3) Guarantees for crude protein, crude fat and crude fiber are not required when the commercial feed is intended for purposes other than to furnish these substances or they are of minor significance relating to the primary purpose of the product, such as drug premixes, mineral or vitamin supplements and molasses.

     5.  Feed ingredients, collective terms for the grouping of feed ingredients:

     (a) The name of each ingredient as defined in the Official Definitions of Feed Ingredients published in the official publication of the Association, common or usual name, or one approved by the Director.

     (b) Collective terms for the grouping of feed ingredients as defined in the Official Definitions of Feed Ingredients published in the official publication of the Association in lieu of the individual ingredients, provided that:

          (1) When a collective term for a group of ingredients is used on the label, individual ingredients within that group need not be listed on the label.

          (2) The manufacturer shall provide the Director, upon request, with a listing of individual ingredients, within a defined group, that are or have been used at manufacturing facilities distributing in or into the State.

     6.  Name and principal mailing address of the manufacturer or person responsible for distributing the feed. The principal mailing address shall include the street address, city, state and zip code. However, the street address may be omitted if it is shown in the current city directory or telephone directory.

     7.  The information required in this regulation must appear in its entirety on one side of the label or on one side of the container. None of the information required shall be subordinated or obscured by other statements or designs.

     [Dep’t of Agriculture Reg., 87.71, eff. 10-1-74]

      NAC 587.520  Brand and product names. (NRS 587.680)

     1.  The brand or product name must be appropriate for the intended use of the feed and must not be misleading. If the name indicates the feed is made for a specific use, the character of the feed must conform with it. A mixture labeled “dairy feed,” for example, must be suitable for that purpose.

     2.  Commercial, registered brand or trade names are not permitted in guarantees or ingredient listings.

     3.  The word “protein” is not permitted in the product name of a feed that contains added nonprotein nitrogen.

     4.  When the name carries a percentage value, it is understood to signify protein or equivalent protein content only, even though it may not explicitly modify the percentage with the word “protein” except that other percentage values may be permitted if they are followed by the proper description and conform to good labeling practice. When a figure is used in the brand name, except in mineral, vitamin or other products where the protein guarantee is nil or unimportant, it must be preceded by the word “number” or some other suitable designation.

     5.  Single ingredient feeds must have a product name in accordance with the designated definition of feed ingredients as recognized by the Association unless the Director designates otherwise.

     6.  The word “vitamin,” or a contraction thereof, or any word suggesting vitamin, may be used only in the name of a feed which is represented to be a vitamin supplement, and which is labeled with the minimum content of each vitamin declared, as specified in NAC 587.540.

     7.  The term “mineralized” must not be used in the name of a feed, except for “trace mineralized salt.” When so used, the product must contain significant amounts of trace minerals which are recognized as essential for animal nutrition.

     8.  The term “meat” and “meat by-products” must be qualified to designate the animal from which the meat and meat by-products are derived unless the meat and meat by-products are from cattle, swine, sheep or goats.

     [Dep’t of Agriculture Reg., 87.72, eff. 10-1-74]

      NAC 587.530  Content guarantees: Proteins and minerals. (NRS 587.680)

     1.  The guarantees for crude protein, equivalent protein from nonprotein nitrogen, crude fat, crude fiber and mineral guarantees, when required, must be in terms of percentage by weight.

     2.  Commercial feeds containing 6 1/2 percent or more mineral elements must include in the guaranteed analysis the minimum and maximum percentages of calcium, the minimum percentage of phosphorus, and if salt is added, the minimum and maximum percentage of salt. Minerals, except salt, must be guaranteed in terms of percentage of the element. When calcium or salt guarantees are given in the guaranteed analysis, they must be stated and conform to the following:

     (a) When the minimum is 5 percent or less, the maximum must not exceed the minimum by more than 1 percent of the whole.

     (b) When the minimum is above 5 percent, the maximum must not exceed the minimum by more than 20 percent and in no case must the maximum exceed the minimum by more than 5 percent of the whole.

     3.  Mineral phosphatic material for feeding purposes must be labeled with the guarantee for minimum and maximum percentage of calcium, when present, the minimum percentage of phosphorus and the maximum percentage of fluorine.

     [Dep’t of Agriculture Reg., 87.73, eff. 10-1-74]

      NAC 587.540  Content guarantees: Vitamins. (NRS 587.680)  Guarantees for minimum vitamin content of commercial feeds and feed supplements, when made, must be stated on the label in milligrams per pound of feed, except that:

     1.  Vitamin A, other than precursors of vitamin A, must be stated in USP units per pound.

     2.  Vitamin D, in products offered for poultry feeding, must be stated in International Chick Units per pound.

     3.  Vitamin D for other uses must be stated in USP units per pound.

     4.  Vitamin E must be stated in International USP units per pound.

     5.  Guarantees for vitamin content on the label of a commercial feed must state the guarantee as true vitamins, not compounds, with the exception of the compounds, Pyridoxine Hydrochloride, Choline Chloride, Thiamine and d-Pantothenic Acid.

     6.  Oils and premixes containing vitamin A or vitamin D, or both, may be labeled to show vitamin content in terms of units per gram.

     [Dep’t of Agriculture Reg., 87.73, eff. 10-1-74]

      NAC 587.550  Content guarantees: Drugs and antibiotics. (NRS 587.680)  Guarantees for drugs must be stated in terms of percent by weight, except:

     1.  Antibiotics present at less than 2,000 grams per ton of commercial feed must be stated in grams per ton of commercial feed.

     2.  Antibiotics present at more than 2,000 grams per ton of commercial feed must be stated in grams per pound of commercial feed.

     3.  Labels for commercial feeds containing growth promotion or feed efficiency levels of antibiotics, which are to be fed continuously as the sole ration, are not required to make quantitative guarantees except as specifically noted in the Federal Food Additive Regulations for certain antibiotics, wherein quantitative guarantees are required regardless of the level or purpose of the antibiotic.

     4.  The term “milligrams per pound” may be used for drugs or antibiotics in those cases where a dosage is given in milligrams in the feeding directions.

     [Dep’t of Agriculture Reg., 87.73, eff. 10-1-74]

      NAC 587.560  Content guarantees: Nonprotein nitrogen. (NRS 587.680)  Commercial feeds containing any added nonprotein nitrogen must be labeled as follows:

     1.  Complete feeds, supplements and concentrates containing added nonprotein nitrogen and containing more than 5 percent protein from natural sources must be guaranteed as follows:

 

            Crude protein, minimum, ...... percent. (This includes not more than ...... percent equivalent protein from nonprotein nitrogen.)

 

     2.  Mixed feed concentrates and supplements containing less than 5 percent protein from natural sources may be guaranteed as follows:

 

            Equivalent crude protein from nonprotein nitrogen, minimum, ...... percent.

 

     3.  Ingredient sources of nonprotein nitrogen, such as urea, DiAmmonium Phosphate, Ammonium Polyphosphate Solution, Ammoniated rice hulls, or other basic nonprotein nitrogen ingredients defined by the Association must be guaranteed as follows:

 

            Nitrogen, minimum, ...... percent. Equivalent crude protein from nonprotein nitrogen, minimum, ...... percent.

 

     [Dep’t of Agriculture Reg., 87.73, eff. 10-1-74]

      NAC 587.570  Ingredients. (NRS 587.680)

     1.  The name of each ingredient or collective term for the grouping of ingredients, when required to be listed, must be the name as defined in the Official Definitions of Feed Ingredients as published in the official publication of American Feed Control Officials, the common or usual name, or one approved by the Director.

     2.  The name of each ingredient must be shown in letters or type of the same size.

     3.  No reference to quality or grade of an ingredient may appear in the ingredient statement of a feed.

     4.  The term “dehydrated” may precede the name of any product that has been artificially dried.

     5.  A single ingredient product defined by the Association is not required to have an ingredient statement.

     6.  Tentative definitions for ingredients must not be used until adopted as official, unless no official definition exists or the ingredient has a common accepted name that requires no definition, such as sugar.

     7.  When the word “iodized” is used in connection with a feed ingredient, the feed ingredient must contain not less than 0.007 percent iodine, uniformly distributed.

     [Dep’t of Agriculture Reg., 87.74, eff. 10-1-74]

      NAC 587.580  Directions for use; precautionary statements. (NRS 587.680)

     1.  Directions for use and precautionary statements on the labeling of all commercial feeds and customer-formula feeds containing additives, including drugs, special purpose additives or nonnutritive additives must:

     (a) Be adequate to enable safe and effective use for the intended purposes by users with no special knowledge of the purpose and use of such articles; and

     (b) Include, but are not limited to, all information prescribed by all applicable regulations under the Federal Food, Drug and Cosmetic Act.

     2.  Adequate directions for use and precautionary statements are required for feeds containing nonprotein nitrogen as specified in NAC 587.590.

     3.  Adequate directions for use and precautionary statements necessary for safe and effective use are required on commercial feeds distributed to supply particular dietary needs or for supplementing or fortifying the usual diet or ration with any vitamin, mineral or other dietary nutrient or compound.

     4.  The information required by NAC 587.570 must be displayed in a prominent place on the label or container but not necessarily on the same side as the information required by NAC 587.510.

     5.  When the information required by this section is placed on a different side of the label or container, it must be mentioned on the front side with a statement such as “see back of label for directions for use.”

     [Dep’t of Agriculture Reg., 87.75, eff. 10-1-74]

      NAC 587.590  Nonprotein nitrogen: Restrictions; precautions. (NRS 587.680)

     1.  Urea and other nonprotein nitrogen products defined in the official publication of the Association are acceptable ingredients only in commercial feeds for ruminant animals as a source of equivalent crude protein and are not to be used in commercial feeds for other animals and birds.

     2.  If the commercial feed contains more than 8.75 percent of equivalent crude protein from all forms of nonprotein nitrogen, added as such, or the equivalent crude protein from all forms of nonprotein nitrogen, added as such, exceeds one-third of the total crude protein, the label must bear adequate directions for the safe use of feeds and a precautionary statement:

 

Caution: Use as directed.

 

The directions for use and the caution statement must be in type of such size so placed on the label that they will be read and understood by ordinary persons under customary conditions of purchase and use.

     3.  On labels such as those for medicated feeds which bear adequate feeding directions or warning statements, the presence of added nonprotein nitrogen does not require a duplication of the feeding directions or the precautionary statements as long as those statements include sufficient information to ensure the safe and effective use of this product due to the presence of nonprotein nitrogen.

     [Dep’t of Agriculture Reg., 87.76, eff. 10-1-74]

      NAC 587.600  Official samples: Analysis and reports. (NRS 587.680)

     1.  The official sample must be obtained in accordance with methods published by the Association of Official Analytical Chemists or in accordance with generally recognized methods approved by the Director.

     2.  The chemical analysis of official samples must be in accordance with methods published by the Association of Official Analytical Chemists or in accordance with generally recognized methods approved by the Director.

     3.  The results of all analyses of official samples shall be forwarded by the Director to the person named on the label and to the purchaser. When the inspection and analysis of an official sample indicates commercial feed has been adulterated or misbranded and, upon request within 30 days following receipt of the analysis, the Director shall furnish to the distributor a portion of the sample concerned.

     [Dep’t of Agriculture Reg., 87.77, eff. 10-1-74]

      NAC 587.610  Misbranding. (NRS 587.680)  A commercial feed is misbranded:

     1.  If its labeling is false or misleading in any particular.

     2.  If it is distributed under the name of another commercial feed.

     3.  If it is not labeled as required in this chapter.

     4.  If it purports to be or is represented as a commercial feed or if it purports to contain or is represented as containing a commercial feed ingredient, unless the commercial feed or feed ingredient conforms to the definition, if any, prescribed by the Director.

     5.  If any word, statement or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs or devices in the labeling, and in such terms as to render it likely to be read and understood by the reasonable person under customary conditions of purchase and use.

     [Dep’t of Agriculture Reg., 87.78, eff. 10-1-74]

      NAC 587.620  Tolerances. (NRS 587.680)  The tolerance for protein, fat, fiber, ash, calcium, phosphorus, salt, iodine and vitamins is two standard deviations from the mean. (The mean is determined by analyses made with a standard sample by many laboratories in the United States.)

 

Allowable Tolerances

 

 

The tolerances for drugs and medicated feeds are those established by the Food and Drug Administration.

     [Dep’t of Agriculture Reg., 87.79, eff. 10-1-74]

      NAC 587.630  Exemptions. (NRS 587.680)  The following commodities are exempt from the definitions of commercial feed:

     1.  Hay;

     2.  Straw;

     3.  Stover;

     4.  Silage;

     5.  Cobs;

     6.  Husk; and

     7.  Hulls, when unground and not mixed or intermixed with other materials.

     [Dep’t of Agriculture Reg., 87.80, eff. 10-1-74]

MANUFACTURERS, DISTRIBUTORS AND GUARANTORS OF COMMERCIAL FEED

      NAC 587.632  Application for license or renewal: Contents; fees. (NRS 587.867, 587.899)  An application for a license to manufacture, distribute or be a guarantor of commercial feed or an application to renew such a license must include:

     1.  A declaration identifying the party responsible for submitting the quarterly reports and fees required by NRS 587.877.

     2.  A nonrefundable application or annual renewal fee, as applicable, of $75.

     3.  For an application for renewal submitted after December 31 of the year the renewal is due, a late fee of $20.

     4.  Any other information required by the Department.

     (Added to NAC by Dep’t of Agriculture by R100-15, eff. 12-21-2016)

      NAC 587.634  Submission of quarterly report and payment of quarterly fee; exemption from fee; amount of fee. (NRS 587.877, 587.899)

     1.  Except as otherwise provided in subsection 2, each licensee must file the quarterly reports and pay the quarterly fee required by NRS 587.877 regardless of whether the licensee manufactured, distributed or acted as the guarantor for any commercial feed during the preceding calendar quarter.

     2.  The provisions of subsection 1 requiring the payment of a quarterly fee do not apply to a licensee if:

     (a) The fee for the same feed has been submitted in a timely manner by another licensee; or

     (b) The responsibility for the payment of the fee has been assigned to another party pursuant to a contract which:

          (1) Identifies each party by name, address, telephone number and title, if applicable;

          (2) Includes the license number of each party;

          (3) Identifies the specific product or products covered by the contract;

          (4) Includes the effective date, which is on the first of a quarterly reporting period, and the expiration date, which is on the last day of a quarterly reporting period;

          (5) Does not exceed a duration of 3 years; and

          (6) Is signed by each party or an authorized agent of each party.

     3.  The quarterly fee due with each report is the greater of:

     (a) Five dollars; or

     (b) Fifteen cents per ton of commercial feed manufactured, distributed or guaranteed in this State during the preceding calendar quarter.

     (Added to NAC by Dep’t of Agriculture by R100-15, eff. 12-21-2016)

      NAC 587.636  Fees for costs of inspection or audit requested by licensee. (NRS 587.883, 587.899)

     1.  The fee for the Department to conduct an audit or inspection at the request of a licensee pursuant to NRS 587.883 is:

     (a) For an audit, $75 per hour per auditor; or

     (b) For an inspection, $60 per hour per inspector.

     2.  In addition to the hourly rate provided in subsection 1, a charge for miles driven to and from the audit or inspection site will be charged at the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax.

     (Added to NAC by Dep’t of Agriculture by R100-15, eff. 12-21-2016)

REGISTRATION AND CERTIFICATION OF SEED GARLIC

      NAC 587.640  Definitions. (NRS 587.077, 587.083)  As used in NAC 587.640 to 587.810, inclusive, unless the context otherwise requires, the words and terms defined in NAC 587.650 to 587.710, inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Dep’t of Agriculture, eff. 10-26-83; A by Div. of Agriculture, 2-20-96; A by Dep’t of Agriculture by R043-00, 5-11-2000)

      NAC 587.650  “Certified block” defined. (NRS 587.077, 587.083)  “Certified block” means a planting of garlic which has been established using registered stock for the production of certified stock.

     (Added to NAC by Dep’t of Agriculture, eff. 10-26-83; A by Div. of Agriculture, 2-20-96; A by Dep’t of Agriculture by R043-00, 5-11-2000)

      NAC 587.657  “Certified seed garlic” defined. (NRS 587.077, 587.083)  “Certified seed garlic” means garlic that meets all requirements for certified stock produced in accordance with the provisions of NAC 587.640 to 587.810, inclusive.

     (Added to NAC by Dep’t of Agriculture by R043-00, eff. 5-11-2000)

      NAC 587.660  “Certified stock” defined. (NRS 587.077, 587.083)  “Certified stock” means garlic that:

     1.  Has been produced in a certified block; or

     2.  Is produced from a nursery increase block if the entire planting meets the requirements of a nursery increase block for at least 3 years after the date that the participant enters the Program.

     (Added to NAC by Dep’t of Agriculture, eff. 10-26-83; A by Div. of Agriculture, 2-20-96; A by Dep’t of Agriculture by R043-00, 5-11-2000)

      NAC 587.680  “Foundation block” defined. (NRS 587.077, 587.083)  “Foundation block” means a planting of garlic which is planted with seed stock from a source approved by the Department and maintained to produce foundation stock.

     (Added to NAC by Dep’t of Agriculture, eff. 10-26-83; A by R043-00, 5-11-2000)

      NAC 587.690  “Foundation stock” defined. (NRS 587.077, 587.083)  “Foundation stock” means garlic produced in a foundation block.

     (Added to NAC by Dep’t of Agriculture, eff. 10-26-83; A 1-27-89; A by Div. of Agriculture, 2-20-96; A by Dep’t of Agriculture by R043-00, 5-11-2000)

      NAC 587.700  “Garlic” defined. (NRS 587.077, 587.083)  “Garlic” means the plants, plantlets, bulbs, cloves or any part of Allium sativum or its cultivars.

     (Added to NAC by Dep’t of Agriculture, eff. 10-26-83; A by Div. of Agriculture, 2-20-96; A by Dep’t of Agriculture by R043-00, 5-11-2000)

      NAC 587.706  “Nursery increase block” defined. (NRS 587.077, 587.083)  “Nursery increase block” means a planting of a garlic that has been established using foundation stock or registered stock for the production of registered stock.

     (Added to NAC by Dep’t of Agriculture by R043-00, eff. 5-11-2000)

      NAC 587.707  “Participant” defined. (NRS 587.077, 587.083)  “Participant” means any person or legal entity whose application has been submitted to and accepted by the Department.

     (Added to NAC by Dep’t of Agriculture by R043-00, eff. 5-11-2000)

      NAC 587.708  “Program” defined. (NRS 587.077, 587.083)  “Program” means the Seed Garlic Registration and Certification Program administered by the Department pursuant to NAC 587.640 to 587.810, inclusive.

     (Added to NAC by Dep’t of Agriculture by R043-00, eff. 5-11-2000)

      NAC 587.710  “Registered stock” defined. (NRS 587.077, 587.083)  “Registered stock” means garlic produced in a nursery increase block.

     (Added to NAC by Dep’t of Agriculture, eff. 10-26-83; A by Div. of Agriculture, 2-20-96; A by Dep’t of Agriculture by R043-00, 5-11-2000)

      NAC 587.720  Applicability. (NRS 587.077, 587.083)  NAC 587.640 to 587.810, inclusive, govern the standards for the registration of stock used for planting and certification of garlic.

     (Added to NAC by Dep’t of Agriculture, eff. 10-26-83; A by Div. of Agriculture, 2-20-96; A by Dep’t of Agriculture by R043-00, 5-11-2000)

      NAC 587.721  Administration of Program. (NRS 587.077, 587.083)

     1.  Participation in the Program is voluntary, and a participant may withdraw from the Program at any time.

     2.  The Department or its authorized agent will conduct any approval, supervision, inspection, sampling determination, registration and certification for the Program.

     3.  The Department will approve registration or certification of garlic based on planting sites accepted by the Department, laboratory examinations and visual inspections.

     4.  The Department may approve foundation stock or registered stock as a source of propagative material if the foundation stock or registered stock has been tested and found free of stem and bulb nematode of the Allium species (Ditylenchus dipsaci) and has been inspected and found free of white rot fungus (Sclerotium cepivorum).

     5.  The Department may certify garlic as “Nevada Certified Seed Garlic” if the garlic has been inspected and found free of white rot fungus based on commonly accepted inspection and sampling procedures and has met all other requirements for qualification as certified stock.

     6.  A participant may use official tags issued by the Department or other means of labeling to identify garlic that meets the requirements of NAC 587.640 to 587.810, inclusive.

     7.  Except as otherwise provided in NAC 587.640 to 587.810, inclusive, certification of garlic is based solely on a sample of garlic from each planting entered in the Program.

     (Added to NAC by Dep’t of Agriculture by R043-00, eff. 5-11-2000)

      NAC 587.725  Application. (NRS 587.077, 587.083)

     1.  A participant must submit to the Department an application for each separate planting of stock on a form obtained from the Department.

     2.  Each application must include all information requested for the planting site and the stock used for planting, including documentation that verifies the eligibility of the stock for the class of seed to be produced, and must be accompanied by any fee required pursuant to NAC 587.810.

     3.  Applications must be received by the Department by February 15 of the year in which the planting will occur and must be accompanied by any fee required pursuant to NAC 587.810.

     4.  The Department may accept applications after the deadline if the planting site complies with the requirements of NAC 587.640 to 587.810, inclusive, and the Department is able to inspect the additional acreage and analyze the plants in the laboratory.

     (Added to NAC by Div. of Agriculture, eff. 2-20-96; A by Dep’t of Agriculture by R043-00, 5-11-2000)

      NAC 587.727  Field inspection; testing procedures. (NRS 587.077, 587.083)

     1.  The Department shall conduct:

     (a) At least one field inspection of garlic during the growing season for white rot fungus (Sclerotium cepivorum) for a certified block, foundation block or nursery increase block; and

     (b) A laboratory examination of a sample of garlic for stem and bulb nematode of the Allium species (Ditylenchus dipsaci) where the sample is collected in the pattern of a grid at approximately 20-foot intervals for a foundation block or nursery increase block.

     2.  If a participant requests a laboratory examination of a sample of garlic for stem and bulb nematode of the Allium species (Ditylenchus dipsaci) for a certified block, the Department shall conduct the laboratory examination of a sample of garlic where the sample is collected in the pattern of a grid at approximately 40-foot intervals.

     3.  The Department may require additional inspections or tests if:

     (a) Seasonal conditions or other factors tend to obscure the symptoms of disease or make adequate inspections difficult; or

     (b) White rot fungus, stem and bulb nematode of the Allium species or other serious pests are suspected.

     4.  The Department may sample garlic from any planting site or storage facility to inspect or test the garlic.

     5.  The participant shall furnish any such sample without charge.

     (Added to NAC by Div. of Agriculture, eff. 2-20-96; A by Dep’t of Agriculture by R043-00, 5-11-2000)

      NAC 587.730  Eligibility of planting stock. (NRS 587.077, 587.083)

     1.  The Department may approve stock or propagative material for registration or certification based on inspection and testing pursuant to NAC 587.727 or any other reliable method, including, without limitation, approving stock that meets the standards of another program approved by the Department which has standards at least as strict as the standards set forth in NAC 587.640 to 587.810, inclusive.

     2.  Garlic that has been exposed to white rot fungus (Sclerotium cepivorum) or stem and bulb nematode of the Allium species (Ditylenchus dipsaci) is not eligible for registration or certification.

     3.  For a foundation block to be eligible for planting, the garlic must be:

     (a) Garlic from a planting approved by the Department; or

     (b) Produced using laboratory techniques to eliminate diseases.

     4.  For a nursery increase block to be eligible for planting, the garlic must be:

     (a) Foundation stock; or

     (b) Registered stock.

     5.  For a certified block to be eligible for planting, the garlic must be registered stock.

     6.  A participant must provide to the Department evidence that the stock is eligible for the class of seed to be produced, including, without limitation:

     (a) Tags issued by a certification agency that is recognized by the Department; or

     (b) Invoices that describe the stock.

     (Added to NAC by Dep’t of Agriculture, eff. 10-26-83; A 1-27-89; A by Div. of Agriculture, 2-20-96; A by Dep’t of Agriculture by R043-00, 5-11-2000)

      NAC 587.740  Grounds for refusal or cancellation of registration of planted or harvested garlic. (NRS 587.077, 587.083)  The Department will refuse to register or certify or will cancel the registration or certification of a planting, or any portion of a planting, of garlic or harvested garlic if:

     1.  The planting, bulbs or cloves are found to be infested or infected with stem and bulb nematode of Allium species (Ditylenchus dipsaci) or white rot (Sclerotium cepivorum), or any other pest of garlic, unless the Department determines the infestation or infection to be one of minor economic importance which can be rogued, delimited or treated;

     2.  Excessive growth of weeds, damage from pests or any other condition prevents adequate inspection of the planting;

     3.  The participant has failed to comply with any provisions of NAC 587.640 to 587.810, inclusive.

     4.  The participant has failed to pay any fee required pursuant to NAC 587.810;

     5.  For any reason, the identity of the garlic becomes uncertain or has not been maintained;

     6.  The certification seal or tags are misused; or

     7.  The stock is materially misrepresented even if the participant did not know of the misrepresentation.

     (Added to NAC by Dep’t of Agriculture, eff. 10-26-83; A 1-27-89; A by Div. of Agriculture, 2-20-96; A by Dep’t of Agriculture by R043-00, 5-11-2000)

      NAC 587.750  Requirements for plantings. (NRS 587.077, 587.083)

     1.  Except as otherwise provided in subsections 2 and 3, each planting site must be:

     (a) In a geographic area where contamination by white rot fungus (Sclerotium cepivorum) or stem and bulb nematode of the Allium species (Ditylenchus dipsaci) is unlikely to occur from any means, including, without limitation, drainage, flooding or irrigation;

     (b) On land on which no Allium species has grown for the 5 years immediately preceding the date on which the garlic is planted;

     (c) On land that is not known to be infested with white rot fungus; and

     (d) Isolated by at least 500 feet from any Allium species that is not entered in the Program.

     2.  The Department may waive the requirements set forth in paragraphs (a), (b) and (c) of subsection 1 if the:

     (a) Planting site is a facility approved by the Department; or

     (b) Land or soil has been treated in a manner approved by the Department to eliminate soil-borne pests.

     3.  The Department may waive the requirements set forth in paragraph (d) of subsection 1 if:

     (a) There is a sufficient natural barrier between the planting site and any Allium species not entered in the Program; or

     (b) The garlic not entered in the Program has an equivalent history.

     4.  Each planting of a foundation block, nursery increase block or certified block shall be deemed to be a separate planting of garlic. Each such planting site must be isolated by at least 6 feet or by at least one empty planting bed from another planting site or from other varieties within a planting site unless suitable precautions are taken to maintain the identity of the garlic.

     5.  Each planting site is subject to inspection by the Department.

     (Added to NAC by Dep’t of Agriculture, eff. 10-26-83; A by Div. of Agriculture, 2-20-96; A by Dep’t of Agriculture by R043-00, 5-11-2000)

      NAC 587.780  Duties of participant. (NRS 587.077, 587.083)  A participant shall:

     1.  Keep pests and weeds under control;

     2.  Use suitable precautions when cultivating, irrigating, or moving or using equipment to prevent the spread of soil-borne pests;

     3.  Ensure that any bin or other container and any equipment to be used for the movement or storage of garlic is free of any dirt and residues from garlic, onions or other Allium species;

     4.  Maintain the identity of any garlic entered in the Program;

     5.  Keep records on each planting site that document the amount of seed produced, the certification number and the tags used to identify the containers of seed on an inventory sheet supplied by the Department, unless otherwise specified by the Department in writing;

     6.  Submit the records required pursuant to subsection 5 to the Department annually after the close of the season for the sale or distribution of seed stocks;

     7.  Ensure the proper use of certification seals and tags provided by the Department;

     8.  Mark on each tag the name of the participant, the month and year of the harvest, the variety of garlic and the block number assigned by the Department; and

     9.  Notify the Department of:

     (a) The date of any pest control treatment used in plantings for which inspections or other Departmental activities are scheduled;

     (b) The products used in the pest control treatment;

     (c) The dosage of the products used; and

     (d) Any applicable requirements for reentry or worker safety.

     (Added to NAC by Dep’t of Agriculture, eff. 10-26-83; A by Div. of Agriculture, 2-20-96; A by Dep’t of Agriculture by R043-00, 5-11-2000)

      NAC 587.790  Handling, harvesting, transporting and storage of seed garlic. (NRS 587.077, 587.083)

     1.  Garlic from a planting must be handled in a manner that prevents mixing with or contamination by other lots of garlic during harvesting, transporting, cracking and storage.

     2.  Equipment used for harvesting and containers used for transporting, processing and storing garlic must be free from soil or other contaminating material before use.

     3.  Containers used for transporting and storing garlic must identify the planting site in which the seed originated.

     (Added to NAC by Dep’t of Agriculture, eff. 10-26-83; A by Div. of Agriculture, 2-20-96; A by Dep’t of Agriculture by R043-00, 5-11-2000)

      NAC 587.800  Transporting of seed stock out of State. (NRS 587.077, 587.083)  A participant must notify the Department in writing at least 1 week before transporting garlic to another state for storage or processing to maintain eligibility for future registration or certification of that garlic. The notification must include the:

     1.  Number assigned to the planting site by the Department;

     2.  Date that the garlic is transported;

     3.  Amount of garlic that is transported; and

     4.  Destination of the garlic.

     (Added to NAC by Dep’t of Agriculture, eff. 10-26-83; A 1-27-89; A by Div. of Agriculture, 2-20-96; A by Dep’t of Agriculture by R043-00, 5-11-2000)

      NAC 587.810  Fees. (NRS 587.077, 587.083)

     1.  The Department will charge the following fees for the registration and certification of garlic:

 

 

     2.  A participant must pay any fees set forth in this section no later than February 15 of the year in which the garlic is planted.

     3.  Any check must be payable to the Nevada State Department of Agriculture.

     4.  The Department will refund any fees paid for services that are not rendered less any direct costs incurred by the Department.

     (Added to NAC by Dep’t of Agriculture, eff. 10-26-83; A by Div. of Agriculture, 2-20-96; A by Dep’t of Agriculture by R043-00, 5-11-2000)

CRAFT FOOD OPERATION

      NAC 587.840  Maintenance and availability of list of pH test meters, publications and recipes approved by Department. (NRS 587.695, 587.699)  The Department, pursuant to NRS 587.695, will maintain and make available on the Internet website of the Department:

     1.  A list of pH test meters approved by the Department as suitable for use in the production of acidified foods;

     2.  A list of publications approved by the Department containing recipes for acidified foods; and

     3.  A list of recipes approved by the Department for acidified foods.

     (Added to NAC by Dep’t of Agriculture by R088-15, eff. 12-21-2016)

      NAC 587.844  Labeling requirements. (NRS 587.696, 587.699)  A label which is affixed to a food item pursuant to NRS 587.6945 must include the statement “Refrigerate after opening.”

     (Added to NAC by Dep’t of Agriculture by R088-15, eff. 12-21-2016)

      NAC 587.846  Requirements for approval of recipe for acidified food; certain modifications authorized without approval; recipe deemed proprietary confidential information; disclosure by Department under certain circumstances. (NRS 587.695, 587.699)

     1.  To be approved by the Department for the purposes of NRS 587.695, a recipe for an acidified food must be:

     (a) Included on a list of approved recipes or in an approved publication described in subsection 2 or 3 of NAC 587.840; or

     (b) Approved by the Department pursuant to subsection 3.

     2.  Notwithstanding the provisions of subsection 1, in a recipe that calls for vinegar, the vinegar must have an acidity of 5 percent or more.

     3.  A person seeking approval of a recipe for an acidified food pursuant to paragraph (b) of subsection 1 or the modification of a recipe pursuant to subsection 4 must submit in writing to the Department:

     (a) The recipe or modification, as applicable;

     (b) Evidence satisfactory to the Department that the recipe or modification meets the requirements of this section and NRS 587.691 to 587.699, inclusive; and

     (c) A letter approving the recipe or modification from a processing authority which is certified by or registered in any jurisdiction of the United States.

     4.  Except as otherwise provided in subsection 5, no modifications may be made to a recipe described in subsection 1 unless the Department approves of the modification, which must be submitted to the Department for approval in the manner provided in subsection 3.

     5.  The following modifications may be made to a recipe described in subsection 1 without seeking approval of the modification from the Department:

     (a) The form of the primary ingredient or ingredients to be pickled may be altered only to make the ingredient smaller. For example, a whole cucumber can be sliced and used in a recipe for pickle spears, but a whole, unsliced cucumber cannot be prepared according to a recipe for pickle spears.

     (b) The required water bath canning time may be adjusted for altitude but cannot be shortened.

     (c) In a recipe that calls for vinegar, the vinegar to water ratio may be altered only by increasing the amount of vinegar.

     (d) Except as otherwise provided in paragraph (e), not more than two ingredients may be added to a recipe for the purpose of flavoring the acidified food, including, without limitation, a clove of garlic or a pepper, provided that the added ingredient or ingredients will not:

          (1) Alter the primary ingredient or ingredients significantly; or

          (2) Change the pH of the recipe.

     (e) In a recipe that calls for the addition of spice or spices to flavor the primary ingredient or ingredients, the amount of each such spice may be:

          (1) Reduced or eliminated; or

          (2) Increased by not more than 50 percent of the amount specified in the recipe.

     6.  A recipe or modification submitted to the Department for approval pursuant to subsection 2 or 3, as applicable, is deemed proprietary information, does not constitute public information and is confidential. The Department shall not disclose such information unless:

     (a) The disclosure is made for the purpose of a civil, administrative or criminal investigation or hearing; and

     (b) The person receiving the information represents in writing that protections exist under applicable law to preserve the integrity, confidentiality and security of the information.

     (Added to NAC by Dep’t of Agriculture by R088-15, eff. 12-21-2016)

      NAC 587.848  Fees. (NRS 587.696, 587.699)  The Department may charge the following fees:

     1.  For registration with the Department as a producer of acidified foods, $50.

     2.  For the renewal of registration as a producer of acidified foods, $30.

     3.  For a course of training provided by the Department in basic food safety and preparation and canning of acidified foods, $50.

     4.  For an examination administered by the Department on the preparation of acidified foods, $30.

     5.  For an inspection and investigation conducted pursuant to subsection 5 of NRS 587.696, $60 per hour, plus a mileage fee for any travel required, which must be calculated at the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax that is in effect at the time of the travel.

     (Added to NAC by Dep’t of Agriculture by R088-15, eff. 12-21-2016)

ALFALFA SEED RESEARCH AND PROMOTION

      NAC 587.850  Nevada Alfalfa Seed Council: Recommendation of person for appointment to Alfalfa Seed Advisory Board. (NRS 587.151)

     1.  The Nevada Alfalfa Seed Council may, by majority vote, recommend a person for appointment to the Alfalfa Seed Advisory Board. The person must have the qualifications that are required pursuant to NRS 587.135.

     2.  To recommend a person for appointment to the Alfalfa Seed Advisory Board, the Nevada Alfalfa Seed Council must forward to the State Board of Agriculture:

     (a) The name and address of the person recommended for appointment;

     (b) A statement concerning the qualifications of the person pursuant to the requirements of NRS 587.135; and

     (c) A copy of the minutes of the meeting at which the Nevada Alfalfa Seed Council voted to make the recommendation.

     (Added to NAC by Bd. of Agriculture, eff. 3-27-92)

CERTIFICATION OF ORGANIC AGRICULTURAL PRODUCTS

      NAC 587.9015  Adoption by reference of Program for Organic Certification. (NRS 587.830)  The National Organic Program as set forth in 7 C.F.R. §§ 205.1 to 205.690, inclusive, as it existed on September 1, 2001, is hereby adopted by reference as the Program for Organic Certification in this State. A copy of these regulations may be obtained free of charge from the State Department of Agriculture, 251 Jeanell Drive, Suite 3, Carson City, Nevada 89703.

     (Added to NAC by Bd. of Agriculture by R065-02, eff. 9-20-2002)

      NAC 587.903  Certification seal: Form. (NRS 587.830)  The Department shall use the following logo as a certification seal. The logo must include the phrase “Nevada Department of Agriculture Certified Organic” and must be in substantially the following form:

 

 

     (Added to NAC by Bd. of Agriculture by R190-97, eff. 4-10-98; A by R044-00, 5-11-2000)

      NAC 587.904  Certification seal: Use. (NRS 587.830)

     1.  The Nevada Department of Agriculture Organic Certification Seal may be placed on all:

     (a) Containers of organic agricultural products that are certified by the Department;

     (b) Bulk displays which advertise organic agricultural products that are certified by the Department for sale; and

     (c) Processed organic foods which contain 95 percent or more by volume of organically grown ingredients that are certified by the Department.

     2.  The authorization to imprint facsimile seals granted by subsection 1 is subject to review by the Director on an annual basis, or more frequently, if determined necessary by the Director.

     3.  A person shall not change the Nevada Department of Agriculture Organic Certification Seal from the form prescribed in NAC 587.903 except for increases or decreases in size and changes in color.

     (Added to NAC by Bd. of Agriculture by R190-97, eff. 4-10-98; A by R044-00, 5-11-2000)

      NAC 587.905  Application for and continued certification of production or handling operation; payment, amount and refund of fees. (NRS 587.830)

     1.  A person seeking to receive certification of a production or handling operation must submit:

     (a) An application for certification pursuant to 7 C.F.R. § 205.401; and

     (b) The fees required pursuant to subsection 3.

     2.  A person seeking to maintain certification must annually submit:

     (a) An updated organic system plan of production or handling pursuant to 7 C.F.R. § 205.406; and

     (b) The fees required pursuant to subsection 3.

     3.  A person seeking certification or continued certification of a production or handling operation must pay the following fees to the Department:

     (a) For an application for certification pursuant to subsection 1, a nonrefundable fee of $150.

     (b) For annual continued certification pursuant to subsection 2, a nonrefundable fee of $75.

     (c) For each year in which a person applies for certification or continued certification, an amount specified in the following table based on an estimate of the gross income of the organic sales of the production or handling operation for the calendar year in which the certification or continued certification is requested:

 

 

     (d) For each initial on-site inspection, a nonrefundable fee of $65 per hour, including travel time, and, for mileage, per mile, an amount that is equal to the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax.

     4.  The payment of a fee based on gross income from organic sales required pursuant to paragraph (c) of subsection 3 will be refunded if the request for certification or continued certification is withdrawn in writing and received by the Department before the initial inspection for the year in which the certification or continued certification is requested. In determining the amount of the fee pursuant to paragraph (c) of subsection 3:

     (a) For certification of a handling operation, all organic products handled at an area of operation certified by the Department must be included in calculating the estimated gross income; and

     (b) For certification of a production operation, only organic products that are produced from operations certified by the Department must be included in calculating the estimated gross income.

     5.  Any forms or fees required to be submitted pursuant to subsections 1 to 4, inclusive, that are received by the Department after March 31 must be considered late and must be accompanied by a late fee of $250 in addition to any fees otherwise prescribed by this section.

     (Added to NAC by Bd. of Agriculture by R190-97, eff. 4-10-98; A by R044-00, 5-11-2000; R065-02, 9-20-2002; R032-06, 11-13-2006; R087-11, 12-30-2011)

      NAC 587.906  Fees for addition of fields or areas of operation to be certified, additional inspections, and reproduction and mailing of application forms. (NRS 587.830)

     1.  Except as otherwise provided in subsection 2, in addition to all other fees prescribed by the Department, the Department shall charge the following additional fees for the fields or areas of operation to be certified after the initial inspection has been completed and for any other additional inspections:

     (a) For each hour of inspection, calculated from the inspector’s assigned office, $65.

     (b) For mileage, per mile, an amount that is equal to the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax.

     (c) For the per diem of the inspector, the amounts currently allowed by law for state employees, under the conditions set by the Department.

     2.  The Department shall prorate the fees prescribed by subsection 1 among the persons whose property is inspected in the same area if all inspections can be completed during the same trip of the inspector, as determined by the Department.

     3.  The Director may also charge a reasonable fee to cover the costs of the reproduction and mailing of application forms.

     (Added to NAC by Bd. of Agriculture by R190-97, eff. 4-10-98; A by R044-00, 5-11-2000; R065-02, 9-20-2002; R032-06, 11-13-2006; R087-11, 12-30-2011)

      NAC 587.928  Advisory Council for Organic Agricultural Products: Compensation of members. (NRS 587.820, 587.830)

     1.  Except as otherwise provided in subsection 2, each member of the Advisory Council for Organic Agricultural Products is entitled to receive compensation at the rate of $10 per hour necessarily spent on the business of the Council, including time spent traveling.

     2.  The total compensation paid pursuant to subsection 1 must not exceed $80 per day.

     (Added to NAC by Bd. of Agriculture by R190-97, eff. 4-10-98)